Definition of HAMA:-
The Hindu Adoptions and Maintenance Act (HAMA) was established in India in 1956 as part of the Hindu Code Bills. The Hindu Adoption and Maintenance Act is one of the most significant personal laws in India. ‘Hindus’ under the Act also cover Jains, Sikhs, and Buddhists. This Act refers to anybody who is not Muslim, Christian, Parsi or Jew. As long as the Hindu law controls a person, this Act would implement. This is why this Act applies to a huge number of people all over India (excluding in Jammu & Kashmir).
The other legislation passed during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). The Adoptions and Maintenance Act of 1956 dealt especially with the legal method of adopting children by a Hindu adult, and with the legal responsibilities of a Hindu to give "maintenance" to many family members including their wife or parents, and in-laws.
According to Section 2 of the Hindu Adoptions and Maintenance Act refer to Hindus and all those considered under the umbrella term of Hindus as detailed below. As per the terms of this act, the subsequent person can adopt a child in India. This act refers to any person who is domiciled in the territories-
Note: To apply the Hindu Adoptions and Maintenance Act in the areas, the person should not refers to Muslim, Christian, Parsi, or Jew by religion
No person will be able to be taken in adoption unless the following conditions are fulfilled
Under the Hindu Adoptions and Maintenance Act (HAMA), only Hindus can adopt directed to their fulfilment of particular criteria. As per the provision of this act, no adoption will be valid except fulfilling the following conditions:
The adoption should be made in agreement with the conditions of the Hindu Adoptions and Maintenance Act (HAMA)
Any male Hindu who is of sound mind and not a minor can take a son or a daughter in selection. If he has a wife living, he cannot adopt a child except with the approval of his wife unless the wife has completely abandoned the world or has ceased to be a Hindu or has been submitted by a court of competent jurisdiction to be of unsound mind.
Any female Hindu-
Whose husband is dead or has fully and finally abandoned the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the ability to take a son or daughter in adoption.
The Guardianship and Wards Act, 1890 if the party is ready to adopt a child they have to apply to the court and have to disclose their purpose i.e. why they want to adopt a child. The court will give a date and on that date, a hearing will be assigned. The adoptive couple tells the court about the child they require to adopt. Last, the court will give a decree and the adoption is achieved.
As per the Guardians and Wards Act, 1890 any child can be adopted as per the following requirements:
There is a directive that adoption procedures have to be completed within 2 hearings, and the petition has to be placed within 2 months of the filing of the petition. The attested copy of the order has to be taken by the agency within 10 days. The agency must also make the birth certificate of the child, with the names of the adoptive parents.
Adopting a child in India is a long method. Earlier, parents who wished to adopt would go to the most touching agency and register. The agency would match the choices of the couple with the children ready. The match may or may not happen, and would take months, even years. Now, all adoption agencies have to upload features and the Central Adoption Resource Authority (CARA) software will match decisions across the country. This has reduced the duration of an adoption.
The amount of maintenance awarded, if any, is conditioned at the discretion of the courts. Particular factors involved in the decision process involve the position or status of the parties, the number of persons entitled to maintenance, the reasonable wants of the claimants if the claimant is living separately and if the claimant is supported in doing so, and the value of the claimant's estate and income. If any debts are owed by the departed, then those are to be paid before the amount of maintenance is given or even considered.
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