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 2***.
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 AryaSamaj,
(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 or illegitimate, 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; 3* * *
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[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother
or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina or
Sikh; 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 apply
to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the
Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule.
This Act has been amended in U.P. Act 57 of 1976.
This Act shall, from a date to be notified by the administrator, come into force in Pondicherry, subject to the following
modification:
In section 2, after sub-section (2), insert:―
“(2A) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the renoncants of
the Union territory of Pondicherry.”
2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
3. The word “and” omitted by Act 45 of 1962, s. 2 (w.e.f. 19-11-1962).
4. Ins. by s. 2, ibid. (w.e.f. 19-11-1962).
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(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person
who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the
provisions contained in this section.
3. Definitions.―In this Act, unless the context otherwise requires,―
(a) the expressions “custom” and “usage” signify any rule which, having been continuously and
uniformly 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 discontinued
by the family;
(b) “maintenance” includes―
(i) in all cases, provision for food, clothing, residence, education and medical attendance and
treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her
marriage;
(c) “minor” means a person who has not completed his or her age of eighteen years.
4.Overriding effect of Act.―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 force
immediately before the commencement of this Act shall cease to have effect with respect to any
matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall cease to apply
to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.