Hindu adoption and maintenance act 1956
Answers
Explanation:
THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
[Act No.78 of 1956][21st December, 1956]
Be it enacted by Parliament in the Seventh Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
1. Short title and extent- (1) This Act may be called the Hindu Adoptions and
Maintenance Act, 1956.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
2. Application of Act- (1) This Act applies-
(a) to any person, who is a Hindu by religion in any of its forms or
developments, including a Virashaiva, a Lingayat or a follower of the Brahmo,
Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion
unless it is proved that any such person would not have been governed by the
Hindu law or by any custom or usage as part of that law in respect of any of the
matters dealt with herein if this Act had not been passed.
Explanation- The following persons are Hindus, Buddhists, Jainas or Sikhs by
religion, as the case may be:-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus,
Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate for illegitin~ate, one of whose parents is a Hindu,
Buddhist, Jaina or Sikh by religion and who is brought up as a member of the
tribe, community, group or family to which such parent belongs or belonged,
(bb) any child, legitimate or illegitimate, who has been abandoned both by his
father and mother or whose parentage is not known and who is either case is
brought up as a Hindu, Buddhist, Jaina or Sikh, and
(c) any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or
Sikh, religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in
this Act shall apply to the members of any Scheduled Tribe within the meaning
of clause (25) of Article 366 of the Constitution unless the Central Government,