Section 3: Definitions

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

Legal Commentary & Landmark Judgments: Section 3

Section 3 provides foundational statutory definitions under HAMA, setting strict legal tests for customs and usages and establishing an expansive definition of 'maintenance' encompassing food, clothing, shelter, education, and marriage expenses.

  • Strict Tests for Custom & Usage: Custom or usage must be observed continuously and uniformly for a long time, must not be unreasonable or opposed to public policy, and if family-specific, must not have been discontinued.
  • Comprehensive Definition of Maintenance (Section 3(b)): Encompasses in all cases provision for food, clothing, residence, education, and medical attendance and treatment.
  • Marriage Expenses of Unmarried Daughter: In the case of an unmarried daughter, maintenance explicitly includes reasonable expenses of and incident to her marriage.
  • Minority Standard: Defines 'minor' as a person who has not completed the age of eighteen years.
Key Landmark Precedents:
  • Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7: The Supreme Court held that maintenance under Section 3(b) must be commensurate with the status and lifestyle of the family; maintenance is not mere animal sustenance but includes education, medical needs, and dignified social living.
  • B.K. Thimmappa v. Thimmakka AIR 1985 Kant 123: Held that the liability of a Hindu father to maintain his unmarried daughter under Section 3(b)(ii) r/w Section 20 includes meeting all reasonable expenses for her marriage, which can be enforced against ancestral property.
Courtroom Practice & Strategic Litigation Guidance:

When claiming maintenance for an unmarried daughter or minor children under HAMA, frame the prayer to include educational fees, medical expenses, and marriage provision pursuant to Section 3(b), backed by actual fee structures and inflation indices.