Section 24 of the Hindu Adoptions and Maintenance Act, 1956: Claimant Must Remain Hindu

Section 24 places a specific restriction on a claim for maintenance under Chapter III of the Hindu Adoptions and Maintenance Act, 1956. A person who has ceased to be a Hindu by converting to another religion is not entitled to claim maintenance under that Chapter.

Meaning and effect of Section 24

The section applies to maintenance claims made under Chapter III of the Act. Its effect is that continued status as a Hindu is a statutory condition for claiming maintenance under that Chapter. If a claimant has ceased to be a Hindu because of conversion to another religion, Section 24 bars the claim under Chapter III.

The wording is claimant-specific. It addresses whether the person seeking maintenance remains entitled to invoke the maintenance provisions of this Chapter. The provision should therefore be read with the particular maintenance right relied upon, including Sections 18 to 23, as applicable to the facts of the case.

What does "Hindu" mean for this Act?

Section 2 sets out the persons to whom the Hindu Adoptions and Maintenance Act, 1956 applies. In broad terms, the Act applies to Hindus and also covers Buddhists, Jains and Sikhs, together with other persons falling within the statutory scope stated in Section 2. The statutory application provisions should be checked when determining whether a person falls within the Act.

Read Section 2 - Application of Act.

Key points under Section 24

• The provision concerns claims for maintenance under Chapter III of the Act.
• The disqualification arises when the claimant has ceased to be a Hindu by conversion to another religion.
• The section applies whether the claimant is male or female, as the statutory language expressly uses "he or she".
• The provision must be read together with the relevant section creating the maintenance right and the other provisions of Chapter III.

Relationship with other maintenance provisions

Chapter III contains the Act's principal maintenance provisions. These include maintenance of a wife under Section 18, maintenance of a widowed daughter-in-law under Section 19, maintenance of children and aged parents under Section 20, dependants under Sections 21 and 22, and factors governing the amount of maintenance under Section 23. Section 24 operates as a statutory restriction on entitlement under this Chapter.

Official statutory source

For the official text and the current consolidated Act, refer to The Hindu Adoptions and Maintenance Act, 1956 on India Code.