HAMA Flashcards
S 23(1) HAMA BARE
- Amount of maintenance.—
(1)
It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the Court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.
S 23(2) HAMA BARE
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—
(a)
the position and status of the parties;
(b)
the reasonable wants of the claimant;
(c)
if the claimant is living separately, whether the claimant is justified in doing so;
(d)
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;
(e)
the number of persons entitled to maintenance under this Act.
S 23(3) HAMA
In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to—
(a)
the net value of the estate of the deceased after providing for the payment of his debts;
(b)
the provision, if any, made under a will of the deceased in respect of the dependant;
(c)
the degree of relationship between the two;
(d)
the reasonable wants of the dependant;
(e)
the past relations between the dependant and the deceased;
(f)
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;
(g)
the number of dependants entitled to maintenance under this Act.
JS & ANR. v. CENTRAL ADOPTION RESOURCE AUTHORITY & ANR
Christian Couple Wrongly Adopts Under Hindu Adoption Act; Delhi High Court Declares Them ‘Adoptive Parents’ As They Took Good Care Of Child
The Delhi High Court has given relief to a Christian couple who had looked after a child for six years from her birth, although they had not followed the legal route for adoption.
The couple, who were childless, had adopted the child through an adoption deed executed under the Hindu Adoption and Maintenance Act, despite the fact the said Act is not applicable to Christians.
