Who are the dependents for the purpose of maintenance under the Hindu Adoption and Maintenance Act 1956?

Such people can include children and old people. Section 20 of the act states: A Hindu male or female is obligated to maintain their children whether they are legitimate or illegitimate. Children shall claim for maintenance from their parents as long as they are minor.

Who are dependents in Hindu law?

Under this Act, even the heirs of a deceased Hindu are bound to maintain his/her “dependants” out of his/her estate inherited by them [Section 22]. Dependents include deceased person’s minor son, unmarried daughter, widowed daughter, minor illegitimate son, minor illegitimate daughter [Section 21].

Who is eligible for adoption under the Hindu Adoption and Maintenance Act 1956?

Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

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Who is entitled to maintenance under Hindu law?

The Code of Criminal procedure came into force in the year 1973 and according to Section 125 of this code, maintenance is granted to wives, children and parents irrespective of any religion or personal laws. Hence, it has provided for a better status to women by granting rights in a dignified manner.

Who may be given in adoption?

Mother only has the right to give a child in for adoption in case of death, conversion, renunciation or unsoundness of mind of the father. After the 2010 amendment, under Section 9 of the Act, only the natural father or mother or the guardian of a child has the capacity to give a child in for adoption.

Can a working wife claim maintenance?

Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. …

Can a married woman adopt a child?

A wife can adopt a child, the court said, but this exception is made only when the husband is declared by to be mentally unsound. A woman can also adopt a child if her husband is dead. … The judges further said a husband can adopt a child but only if the wife gives consent.

What are the conditions of valid adoption under Hindu law?

Requisites of a Valid Adoption

The person adopting should have the capacity and also the right, to take in adoption. The person giving in adoption should have the capacity to do. The person adopted should be capable of being taken in adoption.

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Can a man adopt a child without being married to the mother?

Do you have to be married to adopt in California? California has no marital requirements related to adoption. Single people can happily adopt children, although their single-parent status may affect their wait time for an adoption opportunity.

Which one of the following is NOT condition with regards to the person who may be adopted under Hindu Adoption and Maintenance Act 1956?

(c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.

Who is entitled maintenance?

Section 125 Cr.

they can claim maintenance by filing an application before the Magistrate. Such maintenance is granted at such monthly rate, as the Magistrate thinks fit. If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance.

What is maintenance under Hindu law?

“Maintenance” is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. Various laws governing maintenance are as follows: for Hindus – Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956.

Who Cannot be taken or given in adoption?

(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

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What are the legal effects of adoption?

Once a person successfully adopts a child, the child gets all the rights applicable to naturally born children. The child also thereafter severs all ties with its old family. However, any property he owns prior to the adoption will continue to remain with him.

What is maintenance under Hindu Adoption and Maintenance Act?

Maintenance of children and aged parents

Section 20 of the act states: A Hindu male or female is obligated to maintain their children whether they are legitimate or illegitimate. … An unmarried daughter shall be entitled to maintenance even after attaining the age of majority, till the day she gets married.