The Hindu Adoptions and Maintenance Act, 1956

(1) This Act may be called the Hindu Adoptions and MaintenanceAct, 1956. (2) It extends to the whole of India 1***.

(1) This Act applies-- (a) to any person, who is a Hindu by religion in any of its forms or developments, including aVirashaiva, 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 isproved that any such person would not have been governed by the Hindu law or by any custom orusage as part of that law in respect of any of the matters dealt with herein if this Act had not beenpassed. Explanation.--The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the casemay be:-- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas orSikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikhby religion and who is brought up as a member of the tribe, community, group or family to whichsuch parent belongs or belonged; 1* * * 2[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and motheror whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina orSikh; and] (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall applyto the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of theConstitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression "Hindu" in any portion of this Act shall be construed as if it included a personwho, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of theprovisions contained in this section.

In this Act, unless the context otherwise requires,― (a) the expressions "custom" and "usage" signify any rule which, having been continuously anduniformly observed for a long time, has obtained the force of law among Hindus in any local area,tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that, in the case of a rule applicable only to a family, it has not been discontinuedby the family; (b) "maintenance" includes― (i) in all cases, provision for food, clothing, residence, education and medical attendance andtreatment; (ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to hermarriage; (c) "minor" means a person who has not completed his or her age of eighteen years.

Save as otherwise expressly provided in this Act,― (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in forceimmediately before the commencement of this Act shall cease to have effect with respect to anymatter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to applyto Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

(1) No adoption shall be made after thecommencement of this Act by or to a Hindu except in accordance with the provisions contained in thisChapter, and any adoption made in contravention of the said provisions shall be void. (2) An adoption which is void shall neither create any rights in the adoptive family in favour of anyperson which he or she could not have acquired except by reason of the adoption, nor destroy the rights ofany person in the family of his or her birth.