Section 3 Hindu Adoptions and Maintenance Act 1956 - Definitions
Section 3 of the Hindu Adoptions and Maintenance Act, 1956 defines three expressions used throughout the Act: "custom" and "usage", "maintenance", and "minor". These definitions help determine how the Act is interpreted in matters relating to Hindu adoption and maintenance.
Text of Section 3 - Definitions
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.
Meaning of the definitions in Section 3
Custom and usage - Section 3(a)
A claimed custom or usage is not merely a personal practice. Section 3(a) requires a rule that has been continuously and uniformly observed for a long time and has acquired the force of law among Hindus in a particular local area, tribe, community, group or family.
The section also places safeguards on recognition of such a rule. It must be certain, must not be unreasonable, and must not be opposed to public policy. Where the claimed rule applies only to a family, it must not have been discontinued by that family.
Maintenance - Section 3(b)
The statutory definition of "maintenance" is broader than food alone. It expressly includes provision for food, clothing, residence, education, medical attendance and treatment.
For an unmarried daughter, the definition additionally includes reasonable expenses of and incident to her marriage. The word "includes" makes Section 3(b) important when reading the maintenance provisions in Chapter III of the Act.
Minor - Section 3(c)
For the purposes of the Act, a "minor" is a person who has not completed eighteen years of age. This definition is relevant wherever the Act makes a person's minority material to adoption or maintenance rights and obligations.
Why Section 3 matters
Section 3 is an interpretation provision. Its definitions apply across the Hindu Adoptions and Maintenance Act, 1956 unless the context otherwise requires. Accordingly, provisions dealing with adoption, children, dependants and maintenance should be read with these statutory meanings in mind.
Related provisions
For the scope of the Act, see Section 2 - Application of Act. For the Act's overriding effect, see Section 4 - Overriding effect of Act. The adoption provisions begin with Section 5, while the principal maintenance provisions begin with Section 18 - Maintenance of wife.