Law of adoption under Hindu Law
Hello Ladies! And we are back again with yet another interesting topic for you guys. Well, today we are going to talk about a law of adoption under Hindu law. But why are we talking about adoptions? So, one can see that there are many women out there in today’s time who do not want to mingle but would love to have a kid, whether their own blood-related or not. Also, there are couples who wish to adopt a kid because they can’t have one of their own, right? Hence, today for all such people we shall let you know about all the details regarding the law of adoption under the Hindu Law, in India. Well, why India and why Hindu? Its because most of the people in India are Hindu and would want to follow the law made under the notion of their religion.
However, before we get to know who gets to adopt and who is not under the law, let’s have a look at what exactly is this law about and when it came into force.
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills. Other laws enacted during this period include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minor and Adultery Act (1956). All these practices were introduced under the leadership of Jawaharlal Nehru and were intended to integrate and establish the present Hindu legal system. The Adoption and Maintenance Act of 1956 specifically addressed the legal process for the adoption of an adult Hindu, as well as the legal obligations of a Hindu to provide "maintenance" to various family members including their spouses or parents, as well as strangers.
Does it apply to?
This practice applies to Hindus and all those considered under the Hindu umbrella name, including:
Hindu by the religion of any kind or size;
Buddhist, Jain, or Sikh;
A legal or illegal child with Hindu, Buddhist, Jain, or Sikh parents;
A legal or illegitimate child whose parents are Hindus, Buddhists, Jains, or Sikhs and raised accordingly;
An abandoned, the legal or illegitimate child of unknown parents raised as a Hindu, a Buddhist, etc, and
It also converts to Hinduism, Buddhism, Jainism, or Sikhism.
Muslims, Christians, Parsis, or Jews are not included in this definition.
The law also does not apply to child custody that took place before the date of authorization. However, it applies to any marriage that has taken place before or after the Act came into force In addition, if the wife is not a Hindu it means that the husband is not obliged to provide maintenance under this Act under the modern Hindu Act.
Alright, now that we know the basics of the law, like what is it about, whom it applies to, when was it enforced, and so on, let’s have a quick look at;
Who can adopt?
Under this act, only Hindus can take it in accordance with their fulfillment of certain conditions. The first of these asserts that the defendant has a legal right (under this Act that could mean that he is a Hindu). Next, they should be able to provide for the adoption. Thirdly the child must be able to be adopted. Finally, compliance with all other details (as set out below) must be met in order for the adoption to take effect.
Husbands can marry if they have the consent of their wives or of all their wives. The only way to get a wife or a wife's permission is to have her or if they are unwell, if they are dead, if they have completely abandoned it and finally abandoned the world, and if they have ceased to be a Hindu. Unmarried men can be found once they are not a child. However, if a man takes a daughter, the man must be twenty-one years old or older.
Also, only unmarried Hindu women can legally adopt a child. A married woman can only give permission to be adopted by her husband. A married woman whose husband is taking a child should be considered a mother. If a child is adopted and there is more than one wife in the home, it means that the older wife is separated as the legal mother of the adopted child.
Now, that we know who can adopt, let’s look at who can be adopted?
The adopted child can be male or female. The adopted child must fall under the Hindu category. The recipient also needs to be single; however, if a particular custom or practice applies to those involved, the recipient may marry. A child may not be fifteen years or older unless it is also a custom or practice that applies to those affected. Adoption is only possible if there is no child of the same sex living at home. In particular, if the son is to be adopted it means that the adoptive father or mother must not have a legal son or adopted son living in that household.
Moving forward, what are the legal implications for the adopted child?
From the date of adoption, the child is under the official custody of the new parent (s) and must enjoy all the benefits that come from those family obligations. This also means that the child, therefore, is deprived of all legal benefits (property, inheritance, etc.) from the family who gave him custody.
Although, this is not it. Instead, there is also some maintenance under the law that one needs to follow and they are:
Maintenance of the wife:
A Hindu woman has the right to be provided for her husband throughout her life in terms of Article 18 of HAMA '56. Whether a marriage was instituted before or after the Act was enacted, the Law is still in force. The only way a wife can waste her maintenance is if she renounces Hinduism and converts to another religion, or if she commits adultery.
The wife is allowed to live separately from her husband and is still provided by him. This separation can be excused for a variety of reasons, including if he has another living wife if he has converted to a different religion than Hinduism, if he has treated her cruelly, or if she has violent leprosy.
If a wife loses her husband, it is her responsibility to care for her. This legal obligation applies only if the widow has no other means of subsistence. If he owns the land or has a way of earning a living and is able to support himself, then the father-in-law is free to make a commitment to him. In addition, if a widow marries and it means that her late father-in-law is no longer legally bound by this Act.
Maintenance of a child/aged parents:
Under the Act, a child is guaranteed maintenance by his or her parents until he or she ceases to be a minor. This applies to both legal and non-legal children demanded by the parent or parents. On the other hand, parents or daughters who are ill should be cared for as long as they are unable to support themselves. Sections 20-22 of the Act apply equally and provide for the maintenance of any one-person dependents.
Amount:
The amount of maintenance provided, if any, depends on the decision of the courts. Certain factors included in the decision-making process include the position or status of the parties, the number of persons entitled to maintenance, the reasonable interests of the complainant, if the plaintiff lives separately and if the plaintiff has reason to do so, and the amount. of the estate and the plaintiff's income. If there are any debts owed to the deceased, those must be paid before the amount of maintenance can be deducted or considered.
In short, this is the law of adoption under Hindu Law.