Hindu Adoption and Maintenance Act « the Laws
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4/11/2016
Hindu Adoption And Maintenance Act « The Laws
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Hindu Adoption And Maintenance Act
July 28, 2009
Introduction –
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The Hindu Adoption And Maintenance Act is a progressive piece of legislation. It is so because the Act is free from all religious and sacramental aspects of adoption. All that is required after 1956 is that the adoption in order to be void must conform to the requirement of thee ac. Thus the performance of Dattak Homa, a religious ceremony is no more necessary. Some of the main provisions of the Act relating to adoption are – 1. Hindus may adopt both male and female as their heirs. The old Hindu law did not permit giving of daughters in adoption but the present Act enables a person to adopt a daughter if he so desires. 1. For purposes of adoption, whether of a son or of a daughter, the consent of a wife is also necessary. 1. The provisions of the Act are to override all existing customs, usage, texts, rules or interpretations of Hindu law except as expressly provided in the Act. Moreover , any other law in force immediately before the commencement of the Act shall seize to operate and apply to Hindus as it would be inconsistent with the provisions of this Act. 1. No person needs to be divested of any property which had vested in his possession to the adoption by reason only of the fact that subsequent to such vesting, the person has made an adoption. The adopted child should not be the sole cause or reason for a person to be divested in him/her before adoption. 1. It will be possible for a person to adopt a child irrespective of his caste 1. A Hindu widow may adopt a child in her own name 1. Any adoption made after the commencement of the Act except in accordance with the provisions of this Act will be void. 1. For any adoption to be void, the Act has made it mandatory for persons to satisfy the conditions as mentioned in Section 6
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Hindu Adoption And Maintenance Act « The Laws 1. The father, the mother or in both their absence, the guardian shall have the right to give the child in adoption . 1. Under the old Hindu law , a son adopted by a Hindu widow was deemed to be her husband’s son and the adoption was related back to the date of death of her husband. But under this Act, the adoption is effective from the date on which the adoption is made. Section 2 – Applicability of the Hindu Adoption And Maintenance Act The Act extends to the whole of India except to the state of Jammu and Kashmir – vide Section 1 . According to Section 2, the Act applies to –
(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, Prathana or Arya Samaj,
(b)
to any person who is a Buddhist, Jain 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 matter dealt with herein if this Act had not been passed.
Explanation to Section 2 – The following persons are Hindus, Buddhists, Jains or Sikhs by religion, as the case may be: (a) (b) (bb) (c)
any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion; any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain 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; [1] 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, Jain or Sikh; and any person who is convert or reconvert to the Hindu, Buddhist, Jain or Sikh religion.
Section 5 – Adoptions to be regulated – Section 5(1) has expressly stated that no adoption shall be made other than the commencement of the fact by a Hindu or to a Hindu – except in accordance with the provisions contained in chapter II of the Act. Any adoption made in contravention to the provisions of the Act shall be void. According to Section 5(2), an adoption which is void shall neither create any rights in the adoptive family in favor of the adopted person nor destroy the rights of such person in the family of his/her birth.
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Hindu Adoption And Maintenance Act « The Laws Section 6 – Requisites of a valid adoption No adoption shall be valid unless (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; and (iv) the adoption is made in compliance with the other conditions mentioned in Chapter II. Each of the conditions of a valid adoption are discussed as follows – 1. Capacity of the person to take in adoption – Sections 7 and 8 In order that adoption can be said to be valid in law it is necessary that the person adopting the child has the capacity as well as the right to take in adoption. According to Section 7 of the Act, every MALE Hindu who is of sound mid and not a minor has the capacity to take in adoption. But if he has a wife living to take a son or daughter in adoption, he cannot adopt, except if the wife – Has completely and wholly renounced the world Ceased to be a Hindu Declared by a Court of competent jurisdiction to be of unsound mind. Explanation to Section 7 states that if a person has more than one wife living at the time of adoption, then the consent of all the wives is compulsory for any of the reasons specified in this Section, as mentioned above. The expression “sound mind” has not been defined in this Act but under Section 12 of ICA, it means that the person making the contract , when he makes it, should be capable of understanding it and forming a rational judgment as to its effect upon his interest. When wife has renounced the world, it is not necessary to obtain her consent before adopting the child by her husband. Renunciation is a tantamount to civil death. Section 8 of the Act provides for the capacity of the FEMALE Hindu to take in adoption. The Section lays down that any female Hindu has the capacity to , adopt who is of –
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Hindu Adoption And Maintenance Act « The Laws Sound mind Not a minor Not married, but if she is married – But her marriage has been dissolved Husband is dead (widow) Husband has completely renounced the world Husband has ceased to be a Hindu Has been declared by a Court of competent jurisdiction to be of unsound mind. Under the old Hindu law, an unmarried female Hindu or a widow had no power or right to adopt. A married woman, then, could not adopt even without the consent of her husband. If there had to be an adoption, it would be in the name of her husband, made with her consent. The position thus, is that a married woman whose marriage subsists, totally lacks the capacity to adopt except in the following three cases – Husband has completely renounced the world Husband has ceased to be a Hindu Has been declared by a Court of competent jurisdiction to be of unsound mind. Adoption by Widow Under the old Hindu law a Hindu WIDOW could not adopt a child in her own right. She had no power to adopt except under the authority given by her deceased husband before his death or with the consent of a Sapinda of her deceased husband. Under the old Hindu law, a son adopted by the Hindu widow was deemed to be her husband’s son. But after the enactment of this Act, no such authority is necessary for a widow who can now adopt as a matter of right. She is not bound to make adoption and cannot be compelled to do so. Adoption by the widow will come to the benefit of both the widow as also to her deceased husband. Who can give in adoption – Section 9 The second condition to constitute the valid adoption is that the person giving the adoption must have the capacity and right to give the child for adoption. Giving and receiving of the adopted child are absolutely necessary to validate the adoption . But the Act does not prescribe any particular form in which these might be carried out. For a valid adoption all that the law requires is that there must be evidence of intention to transfer child from the natural family to the adoptive family. The father of the child who is to give in his child for adoption shall be asked by the adoptive parent and then the child is to be handed over and taken in for that purpose. The provision relating to who can give in adoption is envisaged in Section 9 of the Act.
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Hindu Adoption And Maintenance Act « The Laws Under Section 9 (1) – only the father or mother or the guardian of the child has the capacity to give the child in adoption . Section 9 (2) states in explicit terms that the FATHER if alive alone has the right to give his child in adoption. But such right cannot be exercised without the consent of the mother. However, at the same time, this Section has provided that the consent of the mother need not be taken , where the mother – has completely renounced the world has ceased to be a Hindu has been declared by a Court of competent jurisdiction to be of unsound mind. Section 9 (3) empowers the MOTHER to give the child in adoption provided that the father of the child – has completely renounced the world has ceased to be a Hindu Has been declared by a Court of competent jurisdiction to be of unsound mind. Section 9 (4) of the Act gives authority to the GUARDIAN of the child to give the child in adoption. According to this Section, the guardian may give the child in adoption with the prior consent of the Court to any person including the guardian himself where both the parents of the child – Are dead (orphan) Have completely renounced the world Have ceased to be a Hindu Have been declared by a Court of competent jurisdiction to be of unsound mind. Have abandoned the child Parentage of the child is unknown (foundling) Prior permission of the Court necessary ? Section 9 (5) lays down that before granting permission to a guardian under Section 9 (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction. Explanation to Section 9 – states that for the purposes of this section 1. the expressions “father” and “mother” do not include an adoptive father and an adoptive father and an adoptive mother;
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Hindu Adoption And Maintenance Act « The Laws 1. “guardian” means a person having the care of the person of a child or of both his person and property and includes (a) a guardian appointed by the will of the child’s father or mother; (b) a guardian appointed or declared by a court; and 1. “court” means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. 1. Capacity of the person adopted – Section 10 The third necessary condition for valid adoption is that the person adopted is capable of being taken in adoption. Section 10 deals with persons who may be adopted. Section 10 states that no person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely: (i) he or she is Hindu; (ii) he or she has not already been adopted; (iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; (iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. Thus is general, the male or female child must not have completed the age of 15 years at the time of adoption. 1. Other conditions – Section 11 In every adoption, the following conditions must be complied with: Adoption of a son – (i) If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son,
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Hindu Adoption And Maintenance Act « The Laws son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption; Adoption of a daughter – (ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; Male adopts a daughter – (iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least 21 years older than the person to be adopted; Female adopts a son – (iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twentyone years older than the person to be adopted; Adopting same child by 2 different persons – (v) the same child may not be adopted simultaneously by two or more persons (does not refer to if both persons are adoptive mother and father) ; Intention to transfer – (vi)
the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption:
Provided that the performance of datta homam shall not be essential to the validity of adoption. Every adoption implies an element of free consent to the adoption, both of the persons receiving and giving the child in adoption as well as the child being adopted if that child is a major on the date of adoption taking place. If adoption was made by coercion, undue influence, fraud, misrepresentation, etc., then the adoption is voidable at the option of the party whose consent was so caused. A lunatic child may be validly adopted. Also, under the old Hindu law, though an illegitimate child was not permitted for adoption , however, under the Act, such child can be validly adopted. * * Effects of a valid adoption – Section 12 2008
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Hindu Adoption And Maintenance Act « The Laws An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth; (c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption. Right of adoptive parents to dispose of their properties – Section 13 Section 13 lays down that where there is no agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will. Thus an adoptive parent is in no way restrained in the disposal of their property by reason of adoption. Adoptive parent’s right to disposing off his property is subject to an agreement to the contrary that might have been entered into at the time of adoption between the adoptive parents and the natural parents on behalf of the child for his benefit. Under the Act, thus, agreements restricting the power of alienation of the adoptive parents is void. Relationship of adopted child – Section 14 Section 14 lays down as to how an adopted child will be related to certain relations of adopter. The Section provides for the determination of adoptive mother in certain cases . The Section lays down that – (1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother. (2) Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be stepmothers. (3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step mother of the adopted child.
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Hindu Adoption And Maintenance Act « The Laws (4) Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the stepfather of the adopted child. Valid adoption not to be cancelled – Section 15 Section 15 lays down that no adoption which has been validly made can be cancelled by father or mother. An adopted child also cannot renounce his/her status as the adopted child and return to the family of his/her birth. Prohibition of certain payments – Section 17 Section 17 prohibits certain payments. Section 17 (1) states that no person shall receive and no person shall make or give to any other person any payment or reward the receipt of which is prohibited by this section. Section 17 (2) provides that if any person contravenes the provisions of Section 17 (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both. Finally, Section 17 (3) states that no prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorized by the State Government in this behalf. Effects of invalid adoption The adopted son does not acquire any right in the adopted family. He does not forfeit his right in the natural family. ** Introduction – The subject of maintenance among Hindus is dealt with under Sections 18 to 28 in the Hindu Adoption and Maintenance Act 1956. It is largely based on the laws immediately prior to the enactment of this Act.
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Hindu Adoption And Maintenance Act « The Laws The maintenance of aged parents, infant child and wife is considered to be the greatest duty of a person. Thus every Hindu has a personal obligation to maintain his wife, children and aged parents. The liability of a Hindu to maintain others (e.g.. Dependants) arises in some cases due to the mere relationship between the parties. A Hindu is under the obligation to maintain his wife, minor sons, unmarried daughters and aged parents even if he may or may not possess any property. The following persons are the only persons who are under absolute personal obligation to maintain others, independently after the possession of any property – The father or mother is bound to maintain the unmarried daughters and minor sons. Husband is bound to maintain his wife A Son (not a minor) who is bound to maintain his aged parents. Besides the above cases, the obligation to provide maintenance is coextensive with the property. There is no personal obligation. It depends altogether on the possession of property as in the case of maintenance of widowed daughter – in – law as envisaged under Section 19 of the Act. 18 . Maintenance of wife. Most systems of law recognize the direct obligation of the husband to maintain his wife so long as the marriage subsists and the wife remains faithful. In the modern laws, the obligation to maintenance may exist even after dissolution of marriage – vide Section 25 of the HMA 1955. In the modern Hindu society, most wives are still dependant on their husbands economically. The obligation of the husband arises out of relationship between the husband and wife created by the performance of their marriage, irrespective of the fact if he has any property or not. Section 18 lays down the following provisions relating to maintenance of wife. Section 18(1) lays down that subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time. Under Section 18 (1), the wife’s right may arise when – She lives with her husband A wife who resides with her husband must be maintained by him. The obligation of the husband is purely a personal one. It cannot be valid ground to refuse maintenance that his financial condition is not good.
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Hindu Adoption And Maintenance Act « The Laws She is lives separate from her husband A wife who lives apart from her husband with his consent is entitled to maintenance. She is also entitled to maintenance if she lives apart from him for a justifiable cause, as mentioned as follows – Abandoning the wife without reasonable cause and without the consent or against her wish or of willfully neglecting her – may be considered as desertion. Desertion –
Cruelty
It may be noted that the distinction between “desertion” under Section 18(2)(a) and “judicial separation ” or divorce under Section 10 and 13 of the HMA 1955 is that the Divorce may be for at least 2 years whereas desertion may be for any period. If the husband has treated his wife with such cruelty so as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with the husband
(c) Leprosy
If the husband is suffering from virulent form of leprosy
1. 4. Another wife is living If the husband has any other wife living with him provided the wife can claim maintenance and
that the other wife is living with the husband at the time when such claim is made.
1. 5. If the husband keeps a concubine in the same house in which the wife resides or he habitually Keeps a concubine resides with a concubine elsewhere. Such an Act is an extreme form of adultery and the wife can live separately and claim maintenance . (f) Conversion
If the husband has ceased to be a Hindu by conversion to another religion
(g) Any other justifiable cause
If there is any other justifiable cause for her living separately.
Section 18(3) lays down the provision for when a wife may forfeit her claim of maintenance . The following cases are – 1. An unchaste wife has no right to claim separate residence and maintenance . 2. A wife who has ceased to be a Hindu by conversion to another religion has no right to maintenance . 19 . Maintenance of widowed daughterinlaw. Hindu law has recognized it to be the obligation of a joint family to maintain wives and widows of coparceners. A widowed daughter in law can claim maintenance against the joint family, as under Section 19 of the Act. Section 19 (1) lays down that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her fatherinlaw.
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Hindu Adoption And Maintenance Act « The Laws According to the Proviso to Section 19(1), the obligation of the fatherinlaw is not primary but conditional. Proviso to Section 19(1) states that she can claim maintenance from her fatherinlaw only when she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance – (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate. Section 19 (2) states that the fatherin law is obliged to provide maintenance to such daughterinlaw – from any coparcenary property in his possession out of which the daughterinlaw has not obtained any share. The term coparcenary property includes ancestral property as interpreted by the judiciary in India. Thus, if the fatherin law has no coparcenary property, he has no obligation to maintain the daughterinlaw. Section 20 . Maintenance of children and aged parents. Section 20 of the Act provides for the maintenance of children and aged parents. The obligation to maintain one’s children is a personal obligation and arises out of personal relationship of parent and child. Under the Hindu law, the father alone was under the obligation to maintain both – his legitimate and illegitimate children. The modern law imposes the obligation on both parents to maintain illegitimate and legitimate children. This obligation extends, ordinarily, to the minority of the children. The Act abolishes all distinctions between legitimate and illegitimate children. Moreover, a Hindu parent is required to maintain his adopted child during the minority because he is always under the obligation to maintain his natural child. The mere refusal of a son to reside with his father does not entitle him to claim maintenance but the quantum of maintenance may be affected. According to Section 20(1), a Hindu is bound during the lifetime, to maintain the legitimate or illegitimate children as well as the aged parents. Under the old Hindu law, the obligation to maintain one’s aged parents is a purely personal obligation which was imposed on the son alone. Daughters had no such obligation. The Act under Section 20 makes it an obligation for both sons and daughters to maintain their aged/ infirm parents. The obligation to maintain one’s aged parents exists only during their lifetime. The obligation being personal exists independent of personal possession of any property. Section 20(2) states that a legitimate or illegitimate child may claim maintenance from either parent as long as the child is a minor. Under the Act the obligation to maintain the aged parents are of personal nature under Section 20, yet under Section 20(3), they are not absolute. Section 20 (3) states that one is required to maintain his aged parents or unmarried daughter in so far as the parent or unmarried daughter is unable to maintain themselves out of their own earnings or other property.
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Hindu Adoption And Maintenance Act « The Laws Thus an unmarried daughter, even if she is a major, may claim for maintenance if she is unable to maintain herself out of her own earnings or other property. Explanation to Section 20 includes a childless stepmother in the term “parent” . Sections 21 & 22 – maintenance of Dependants – Section 21 and 22 of the Act create new rights of certain persons called dependants. They are relatives of the deceased Hindu and may claim maintenance against the property of the deceased in the hands of the heirs. It may be noted that the term – heirs – refers to all those persons on whom the estate of the deceased devolve. The right of dependants exists against the deceased and not against the heirs personally. This right does not arise during the lifetime of the person on whom they are dependant. They are termed as dependants only after the death of such persons. This is clearly implied from the Section 21. For the purposes of this Chapter “dependants” means the following relatives of the deceased: (i)
his or her father;
(ii)
his or her mother;
(iii)
his widow, so long as she does not remarry; his or her son or the son of his predeceased son or the son of predeceased son of his predeceased son, so long as he is a minor.
(iv) This right continues as long as the son, grandson, greatgrandson, etc., are minors – provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of a great grandson, from the estate of his father or mother or father’s father or father’s mother; his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried. (v) The right will continue provided and to the extent that she is unable to obtain maintenance, in the case of a grand daughter from her father’s or mother’s estate and in the case of a greatgranddaughter from the estate of her father or mother or father’s father or father’s mother; his widowed daughter: provided and to the extent that she is unable to obtain maintenance (a) from the estate of her husband, or (vi) (b) from her son or daughter if any, or his or her estate; or (c) from her fatherinlaw or his father or the estate of either of them; any widow of his son or of a son of his predeceased son, so long as she does not remarry.
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Hindu Adoption And Maintenance Act « The Laws (vii) The right will continue provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son or daughter, if any, or his or her estate; or in the case of a grandson’s widow, also from her fatherinlaw’s estate; (viii)
his or her minor illegitimate son, so long as he remains a minor;
(ix)
his or her illegitimate daughter, so long as she remains unmarried.
Section 22 (1) – lays down that subject to the provisions of this Section, the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased. According to Section 22(2) Where a dependant has not obtained, by testamentary or intestatesuccession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate. Section 22(3) provides that the liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her. Section 22 (4) lays down that notwithstanding anything contained in Section 22(2) or Section 22(3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. Section 23 . Amount of maintenance. Section 23 lays down the considerations which the Court will take into account in fixing the amount of maintenance. Section 23 (1) lays down that the fixation of the amount of maintenance is with the discretion of the Court. The discretion must however be sound and reasonable and must be judiciously exercised – Section 23 (2) lays down the provision in determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to 1. the position and status of the parties; 2. the reasonable wants of the claimant; 3. if the claimant is living separately, whether the claimant is justified in doing so; 4. the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings or from any other source; 5. the number of persons entitled to maintenance under this Act.
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Hindu Adoption And Maintenance Act « The Laws In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, Section 23(3) lays down the following considerations 1. the net value of the estate of the deceased after providing for the payment of his debts; 2. the provision, if any, made under a will of the deceased in respect of the dependant; 3. he degree of relationship between the two; 4. reasonable wants of the dependant; 5. the past relations between the dependant and the deceased; 6. the value of the property of the dependant and any income derived from such property; or from his or her earnings or from any other source; 7. the number of dependants entitled to maintenance under this Act. Section 24 . Claimant to maintenance should be a Hindu. No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion. Section 25 . Amount of maintenance may be altered on change of circumstances. The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration. Section 27 . Maintenance when to be a charge. A dependant’s claim for maintenance under this Act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise. Section 28 . Effect of transfer of property on right to maintenance. Where a dependant has a right to receive maintenance out of an estate, and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right. **
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