Hindu Adoption and Maintenance Law-Thelegalbank
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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.
- Applicability of Act (Section 2):-
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-
- A person who is a Hindu by morality in any of its forms or expansion, including the Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj
- A person refers to a Buddhist, Jain or Sikh can adopt a child
- A child received or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs
- A child legally or illegally one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so taken up
- An abandoned child, legal or illegitimate of unknown parentage made up as a Hindu, Buddhist, etc.; and
- A person who has been turned to the Hindu, Buddhist, Jain or Sikh religion
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
- Who can adopt a child?
No person will be able to be taken in adoption unless the following conditions are fulfilled
- The person should be a Hindu
- The person has not been married, unless there is a custom or usage relevant to the parties which authorize persons who are married being taken in adoption
- He or she has not previously been adopted
- He or she has not completed the age of 15 years, unless there is a custom or usage relevant to the parties which permit persons who have completed the age of 15 years being taken in adoption
- Necessities of a Valid Adoption (Section 6):-
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 person adopting should have the capacity and also the power, to take in adoption
- The person giving in adoption should have the capacity to do
- The person adopted should be capable of doing carried in adoption
The adoption should be made in agreement with the conditions of the Hindu Adoptions and Maintenance Act (HAMA)
- Eligibility of a Male Hindu to Take in Adoption (Section 7):-
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.
- Note: In a state, the person has more than one wife living at the time of adoption, the approval of all the wives is necessary unless the consent of any one of them is optional for any of the reasons defined in the previous clause. The senior wife will be classified as the legal mother of the chosen child.
- The capacity of a female Hindu to take in adoption (Section 8):-
Any female Hindu-
- who is of sound mind,
- who is not a minor, and
- who is not married, or if married, whose marriage has been terminated or
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.