The Hindu Adoption and Maintenance Act, 1956

Abstract

The Hindu Adoption and Maintenance Act, 1956, is an Indian law that governs the legal process of adoption and the maintenance obligations within Hindu families. Part of the larger Hindu Code Bill, this Act applies to Hindus, Buddhists, Jains, and Sikhs, and provides a comprehensive framework for the adoption of children, particularly addressing the rights and duties of both the adopter and the adopted.

The Act defines who is eligible to adopt and be adopted. It allows only unmarried, widowed, divorced, or married individuals with the consent of their spouse to adopt. It sets specific conditions for adoption, such as the adopter being of sound mind and financially capable, and ensures that only children under the age of 15, who have not already been adopted, are eligible. The Act also ensures that an adopted child gains the same rights as a biological child, including inheritance rights.

Additionally, the Act establishes the legal obligation of maintenance, which includes financial support for wives, children, and dependent parents. This obligation extends even after separation or divorce, ensuring that vulnerable family members are cared for.