Jammu and Kashmir Hindu Adoptions and Maintenance Act, 1960

No: 2 Dated: Mar, 19 1960

THE JAMMU AND KASHMIR HINDU ADOPTIONS AND MAINTENANCE ACT, 1960

(Act No. II of 1960)

An Act to amend and codify the law relating to adoptions and maintenance among Hindus.

Be it enacted by the Jammu and Kashmir State Legislature in the Eleventh Year of the Republic of India as follows:––

CHAPTER I

PRELIMINARY

1. Short title and extent. - (1) This Act may be called the Jammu and Kashmir Hindu adoptions and Maintenance act, 1960.

(2) It extends to the whole of Jammu and Kashmir state.

2. Application of Act. - (1) This Act applies-

(a) to any person who is a Hindu by religon in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj ;

(b) to any person who is a Buddhist, Jaina 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 matters dealt with herein if this act had not been passed.

Explanation. - The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be :

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or sikhs by religion ;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, jaina 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 ; and

(c) any person who is a convert or reconvert to the Hindu, Buddhist Jaina or Sikh religion.

  (2) The expression "Hindu" in any portion of this act shall be construed as if it included a person who though not a Hindu by religion, is nevertheless, a person to whom this act applies by virtue of the provisions contained in this section.

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 fore 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 rule of a rule applicable only to a family, it has not been discontinued by the family ;

(b) "maintenance" include-

(i) in all cases, provisions for food, clothing, residence, education and medical attendance and treatment;

(ii) in all cases 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.