Hindu Adoption and Maintenance Act (HAMA) is a statute enacted in 1956 that codifies and governs the law of adoption and maintenance among Hindus, Buddhists, Jains, and Sikhs in India. It prescribes who can adopt, who can be adopted, the procedure for a valid adoption, and the obligation to provide maintenance to wives, children, and aged parents.
Legal definition
The Hindu Adoptions and Maintenance Act, 1956 is divided into two principal parts:
Part I — Adoption (Sections 5-17):
Section 5 prescribes the conditions for a valid adoption. Section 6 specifies who may be adopted — the child must be Hindu, under fifteen years of age, unmarried, and not previously adopted. Sections 7 and 8 prescribe who may adopt — any Hindu male of sound mind who is not a minor (with wife's consent), and any Hindu female who is unmarried, widowed, or divorced. Section 9 specifies who may give in adoption — the biological father (with mother's consent) or the biological mother (with father's consent), or the child's guardian with court permission.
Section 12: 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.
Part II — Maintenance (Sections 18-28):
- Section 18: A Hindu wife is entitled to be maintained by her husband during her lifetime, whether or not she resides with him.
- Section 20: A Hindu is bound to maintain his or her legitimate or illegitimate children and aged or infirm parents.
- Section 22: The maintenance of a dependant is a first charge on the estate of a deceased Hindu.
How courts have interpreted this term
Ramesh Chand Daga v. Rameshwari Daga [(2005) 2 SCC 33]
The Supreme Court held that the right to maintenance under Section 18 of HAMA is a substantive right of the Hindu wife, independent of any matrimonial proceedings. The Court observed that a wife's right to separate residence and maintenance arises if the husband is guilty of desertion, cruelty, or has another living wife, and that this right continues during the lifetime of the wife.
Vijaya Manohar Arbat v. Kashirao Rajaram Sawai [(1987) 2 SCC 278]
The Supreme Court held that a valid adoption under HAMA has the effect of completely severing the adopted child's ties with the biological family and transplanting the child into the adoptive family. The adopted child acquires all the rights of a natural-born child in the adoptive family, including inheritance and succession rights under the Hindu Succession Act.
Brijendra Singh v. State of Rajasthan [(2017) SCC OnLine Raj 2389]
Courts have emphasised that adoption under HAMA requires strict compliance with the statutory conditions. The physical act of giving and taking the child (the dattaka ceremony) is essential — a mere oral declaration or written deed of adoption without the actual giving and taking does not constitute a valid adoption under HAMA.
Why this matters
HAMA is one of the four pillars of the Hindu Code Bills enacted in the 1950s (alongside the Hindu Marriage Act, Hindu Succession Act, and Hindu Minority and Guardianship Act). Its adoption provisions provide the only personal law framework in India that creates a complete parent-child relationship through adoption — Muslim, Christian, and Parsi personal laws do not recognise adoption, though the Juvenile Justice Act now provides a secular alternative.
The maintenance provisions of HAMA are significant because they exist independently of the Hindu Marriage Act. While Section 24 and 25 of the Hindu Marriage Act provide maintenance during and after matrimonial proceedings, HAMA Section 18 provides a standalone right to maintenance for a Hindu wife, and Section 20 creates obligations towards children and aged parents. These provisions can be invoked even without any matrimonial proceeding being pending.
For practitioners, the maintenance provisions under HAMA complement (but do not duplicate) remedies under Section 125 CrPC, Section 24/25 HMA, and Section 20 of the DV Act. A Hindu wife may choose the forum that offers the most advantageous remedy in her circumstances. The obligation to maintain aged parents under Section 20 is particularly relevant in the context of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides additional enforcement mechanisms.
Related terms
Core concepts:
Related statutes (Hindu Code Bills):
Related concepts:
Frequently asked questions
Does HAMA apply to Muslims and Christians?
No. HAMA applies only to Hindus, Buddhists, Jains, and Sikhs. Muslims, Christians, and Parsis cannot adopt under HAMA but can adopt under the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides a secular adoption framework available to all religions.
Can a Hindu woman adopt a child independently?
Yes, but with limitations. Under Section 8, an unmarried Hindu female, a Hindu widow, or a Hindu divorcee can adopt. A married Hindu woman cannot adopt on her own — adoption during the subsistence of marriage requires the husband's involvement under Section 7, with the wife's consent.
What maintenance is a Hindu wife entitled to under HAMA?
Under Section 18, a Hindu wife is entitled to maintenance from her husband during her lifetime. The amount is determined having regard to the position and status of the parties, the reasonable wants of the claimant, and the husband's income and property. This right exists independently of any matrimonial proceedings.
Are aged parents entitled to maintenance under HAMA?
Yes. Section 20 obliges a Hindu to maintain his or her aged or infirm parents who are unable to maintain themselves out of their own earnings or property. This obligation extends to both the father and the mother, and applies to legitimate and illegitimate children alike.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.