Below is a simple-English, easy-to-understand, section-wise explanation (Sections 1–30) of the Hindu Adoption and Maintenance Act, 1956 (HAMA) along with important case laws.

 

SECTION-WISE EXPLANATION (Sections 1 to 30)

SECTION 1 – Short Title & Extent

• Name of the Act: Hindu Adoption and Maintenance Act, 1956

• Applies to all of India except Jammu & Kashmir (earlier; now applies after 2019 changes).

• Came into force in 1956.

SECTION 2 – To Whom this Act Applies

This Act applies to:

• Hindus

• Buddhists

• Jains

• Sikhs

Also applies to:

• Anyone who is not Muslim, Christian, Parsi or Jew, unless proven otherwise.

• Children raised in Hindu families.

SECTION 3 – Definitions

Important definitions:

• Custom / Usage = long-time practice accepted by community.

• Sapinda = people related by blood within certain limits.

• Full blood / half blood / uterine blood = types of relations.

SECTION 4 – Overriding Effect

This Act overrides:

• All past Hindu laws

• Any text, custom or usage inconsistent with this Act.

SECTION 5 – Adoptions Only Under This Act

Any adoption after this Act must follow only this Act.
If not followed → adoption is invalid.

CHAPTER II — ADOPTION (Sections 6–17)

SECTION 6 – Valid Adoption (4 essential conditions)

For a valid adoption:

1. Person adopting must be capable.

2. Person giving in adoption must be capable.

3. Person adopted must be capable.

4. Ceremony of giving & taking must be done.

SECTION 7 – Capacity of a Male to Adopt

A Hindu male can adopt if:

• He is major (18+)

• Sound mind

• If he has a wife, her consent is required, unless:

  • She has renounced the world

  • She has converted

  • She is of unsound mind

SECTION 8 – Capacity of a Female to Adopt

A Hindu female can adopt if:

• Major & sound mind

• She is unmarried, or

• Her husband is:

  • Dead

  • Renounced the world

  • Converted

  • Of unsound mind

Important: 

After 2010 SC case, wife can independently adopt in certain circumstances.

Case Law: Gita Hariharan v. RBI (1999) – Women’s rights broadened.

SECTION 9 – Person Who Can Give a Child in Adoption

Person who can give child:

1. Father, with mother’s consent

2. Mother, if father incapable

3. Guardian, if both parents dead/incapable

Court permission is needed for guardian to give child in adoption.

SECTION 10 – Who Can Be Adopted

A person can be adopted if:

• Hindu

• Not already adopted

• Unmarried

• Age < 15 years, unless custom permits older adoption

SECTION 11 – Other Conditions of a Valid Adoption

• You cannot adopt:

  • A son if you already have a son/son’s son

  • A daughter if you already have a daughter/daughter’s daughter

• Age gap:

  • Adoptive father must be 21 years older than girl adopted

  • Adoptive mother must be 21 years older than boy adopted

• Child must be given and taken physically.

Case Law:

Bhola v. Ramlal (1960) – “Giving & taking” is essential.

SECTION 12 – Effects of Adoption

After adoption:

• Child becomes part of adoptive family

• Loses all ties with biological family (except prohibited marriages)

• Child gets same rights as natural-born child

SECTION 13 – Right of Adoptive Parents

Adoptive parents can decide regarding the adopted child’s property.

SECTION 14 – Right of Adopted Child to Property

Child has full rights in adoptive family property.
No right in biological family property.

SECTION 15 – Adoption Cannot be Cancelled

• Neither parent nor child can cancel adoption.

• Once valid → final.

SECTION 16 – Registered Adoption Presumed Valid

If adoption deed is registered → Court presumes it is valid unless proved otherwise.

SECTION 17 – Prohibition of Payments

Act prohibits:

• Buying or selling of children

• Offering money for adoption
  This is a criminal offence.

CHAPTER III — MAINTENANCE (Sections 18–30)

SECTION 18 – Maintenance of Wife

A Hindu wife can claim maintenance if:

• Husband deserts her

• Husband is cruel

• Husband has another wife

• Husband keeps concubine

• Husband converts

• Husband has leprosy

• Husband treats her badly

She cannot claim maintenance if:

• She is unchaste

• She converts

Case Law:

Bai Tahira v. Ali Hussain (1979) – Wife’s right to maintenance is strong.

SECTION 19 – Maintenance of Widowed Daughter-in-Law

She can claim maintenance from father-in-law if:

• She cannot maintain herself

• No property

• Husband’s property insufficient

SECTION 20 – Maintenance of Children & Parents

A Hindu is bound to maintain:

• Minor children

• Legitimate & illegitimate children

• Aged parents

Case Law:

Abhilasha v. Parkash (2020) – Major unmarried daughter can claim maintenance if unable to maintain herself.

SECTION 21 – Dependants

The Act lists people who are dependants for claiming maintenance, like:

• Widowed daughters

• Aged parents

• Widowed daughter-in-law

• Minor grandchildren

SECTION 22 – Maintenance of Dependants

If Hindu dies and leaves property → dependants can claim maintenance from the estate.

SECTION 23 – Amount of Maintenance

Court will consider:

• Needs of claimant

• Income & property of person liable

• Reasonable expenses
  Maintenance must be fair.

SECTION 24 – Claimant Unchaste or Remarried

If wife/remarried woman is unchaste or remarries → no maintenance.

SECTION 25 – Amount May Be Altered

Court can increase or decrease maintenance if circumstances change.

SECTION 26 – Education Expenses

Court may order education expenses for:

• Minor children

• Dependent children

SECTION 27 – Disposal of Maximum Maintenance

How property is applied for maintenance.

SECTION 28–30 – Miscellaneous

These sections deal with:

• Agreements about maintenance

• Laws not affected

• Applicability with other Acts

IMPORTANT CASE LAWS (Summary)