Section 1: Short title and extent

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Hindu Adoptions and Maintenance Act, 1956 establishes the short title, universal pan-Indian territorial extent, and statutory framework unifying adoption and maintenance jurisprudence for Hindus across India.

  • Universal Pan-Indian Scope: Extends to the whole of India; following the Jammu and Kashmir Reorganisation Act, 2019, its provisions apply uniformly across all States and Union Territories.
  • Codification of Personal Law: Part of the historic Hindu Code Bill legislation of 1955-1956, codifying, secularizing, and standardizing the law of adoption and maintenance.
  • Non-Retroactive Application: Governs all adoptions made and maintenance rights arising after December 21, 1956, while saving pre-existing adoptions under Section 30.
Key Landmark Precedents:
  • M. Vanaja v. M. Sarla Devi (2020) 5 SCC 307: The Supreme Court held that since the enactment of HAMA in 1956, all adoptions by Hindus are regulated exclusively by the statute; any adoption lacking strict compliance with statutory mandates is void ab initio under Section 5.
  • Rajnesh v. Neha (2020) 10 SCC 734: The Supreme Court emphasized that maintenance rights under HAMA form an integral component of social justice and gender empowerment under the codified Hindu personal law framework.
Courtroom Practice & Strategic Litigation Guidance:

In adoption and maintenance litigation, cite Section 1 to confirm that post-1956 adoption disputes are governed strictly by codified statute rather than ancient texts or uncodified shastric interpretations.