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Section 2 - Application of Act : Hindu Adoptions and Maintenance Act 1956

 

What is the Application of Act? Section 2 of Hindu Adoptions and Maintenance Act, 1956

Section 2 of Hindu Adoptions and Maintenance Act 1956 : "Application of Act"

2. (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 persons 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 parents 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 in either case is brought up as a Hindu, Buddhist, Jaina or Sikh; and

(c) any person who is 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, by notification in the Official Gazette, otherwise directs.

(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to Renoncants of the Union territory of Ponicherry.

(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.

 

HINDU ADOPTIONS AND MAINTENANCE ACT 1956

Section 2 - Application of Act

Section 3 - Definitions

Section 4 - Overriding effect of Act

CHAPTER II ADOPTION

Section 5 - Adoptions to be regulated by this Chapter

 

 

Section 6 - Requisites of a valid adoption

Section 7 - Capacity of a male Hindu to take in adoption

Section 8 - Capacity of a female Hindu to take in adoption

Section 9 - Persons capable of giving in adoption

Section 10 - Persons who may be adopted

 

 

Section 11 - Other conditions for a valid adoption

Section 12 - Effects of adoption

Section 13 - Right of adoptive parents to dispose of their properties

Section 14 - Determination of adoptive mother in certain cases

Section 15 - Valid adoption not to be cancelled

 

 

Section 16 - Presumption as to registered documents relating to adoption

Section 17 - Prohibition of certain payments

CHAPTER III MAINTENANCE

Section 18 - Maintenance of wife

Section 19 - Maintenance of widowed daughter-in-law

Section 20 - Maintenance of children and aged parents

Section 21 - Dependants defined

Section 22 - Maintenance of dependants

Section 23 - Amount of maintenance

Section 24 - Claimant to maintenance should be a Hindu

Section 25 - Amount of maintenance may be altered on change of circumstances

Section 26 - Debts to have priority

Section 27 - Maintenance when to be a charge

Section 28 - Effect of transfer of property on right to maintenance

CHAPTER IV REPEALS AND SAVINGS

Section 29 - Repeals

Section 30 - Savings

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