Legal Question in Family Law in India

Re: Communities covered under hindu adoption & maintenance act, 1956

Yes. It applies unless such a sindhi is a Farsi or Jew or Christian or a Muslim. See Section 2 of the Act for your reference . The act normally defines a Hindu as one who is not a Muslim, Parsi, Jew or Christian

There are only two exceptions to this rule. One "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." See Section 2 subsection 1(3) of the Act you referred to.

and 2. by virtue of subsection 2 of the Section 2 which provides as follows:

"(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any

Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the

Official Gazette, otherwise directs."

Therefore unless the Sindhi in question is a Farsi, Jew, Muslim or Christian or is covered by any one of these two exceptions ( Please note for the first one the burden of proof is one you to prove that you would not be governed by the act by virtue of an established custom and for the second you community should have been notified as mentioned above to be excluded), he would be automatically covered by the Act.

I hope this helps.

N. Ramaswami

Re: Communities covered under hindu adoption & maintenance act, 1956

Dear Client,

The Hindu Adoptions and Maintenance Act,1956 applies

a] to any perso, who is a Hindu by religion 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 Buddhist, Jaina or Sikh by religion; and

c] to any other perso 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 mattters dealt with herein if this Act had not been passed.

It is therefore clear that the Sindhis whose parents had migrated from Pakistan during Independence are Hindus and the Citizens of Independent India at the time when the said Act came into force in the year 1956. They are covered by the Act.

Re: Communities covered under hindu adoption & maintenance act, 1956

Dear Gentemen: Any person who is not a Farsi or Jew or Christian or a Muslim is defined as a Hindu. Therefore the Act shall apply. Prior to 1955 the definition of hindu was limited to one who was following Hindu religion. Section 2 of the Act defines a Hindu as one who is not a Muslim, Parsi, Jew or Christian.

Re: Communities covered under hindu adoption & maintenance act, 1956

Yes, Sindhis are also governed by the hindu Adoption and maintenance Act,1956.