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Hindu Adoptions and Maintenance Act,1956

Act No : 78


Section : Over-riding effect of Act.

3.Definitions. In this Act, unless the context otherwise requires- (a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family; (b) "maintenance" includes- (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an unmarried daughter, also 'the reasonable expenses of and incident to her marriage; (c) "minor" means a person who has not completed his or her age of eighteen years. ---------------------------------------------------------------------- 1 The word " and " omitted by Act 45 of 1962, S. 2. 2 Ins. by S. 2, ibid. 3 In its application to Pondicherry, in section 2, after sub- section (2), following shall be inserted- "(2A) Notwithstanding anything contained in sub-section (1), nothing cotained in this Act shall apply to the Renoncants of the Union territory of Pondicherry."-(Vide Act 26 of 1968). --------------------------------------------------------------------- 193 4.Over-riding effect of Act. Save as otherwise expressly provided in this Act,- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.


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