Flaws in Hindu Law
By
B. G. Dasgaonkar
This is an attempt to point out material lacunae which have been crept while enacting the provisions of Hindu Adoptions * and Maintenance Act, 1956.
We are well aware that the old Hindu Law has been repealed. "Smrities", "Dharmashas-tras" and Customs are the main sources of Hindu Law. In 1955-56 old Hindu Law has been repealed and various Acts have been codified such as Hindu Marriage Act, 1955, Hindu Adoptions and Maintenance Act, 1956 and Hindu Succession Act, 1956.
Chapter VIII deals with the provisions of Adoptions and Maintenance. It deals with two different aspects such as adoption and maintenance. It is not clear as to why the Legislation clubbed these two different enactments together? viz. Hindu Adoptions and Maintenance Act. They are not at all correlated. Sections 1 to 17 and 30 in Chapter VIII of Hindu Adoptions and Maintenance Act, 1956 relates to Adoptions while the remaining sections relate to Maintenance.
If we go through t ....