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.

 

  • *Can a person adopt a child if he already owns one?

The adoptive couple can adopt a child if they previously have one. The opinion is based on the gender of the child. Under the Hindu Adoption and Maintenance Act, the Hindu can adopt a child of different gender if they already own one child.

 

  • What is the required procedure to adopt a child?

 

  • As per the Hindu Adoption and Maintenance Act, 1956 if the party is ready to adopt a child they have to make an application to a child welfare agency. The registration of adoptive parents and children can be done by the agency approved by the Central Adoption Resource Authority in New Delhi.

 

  • The next step is, the registered agent will examine the Adoptive parents to get their purpose behind the Adoption.

 

  • When the adoptive couple chooses which child they want to adopt they have to file the request under the act and the court starts the hearings.

 

  • Last, the court will give a decree and the adoption is finalized.

 

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:

 

  • The child is not Hindu
  • The child should be minor
  • An orphan or abandoned or abandoned child.
  • The child should be under 18 years of age

 

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.

 

  • procedure time:-

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.

 

  • Amount of maintenance provided:-

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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