Code: Section 1 Hindu Marriage Act, 1955
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Short title and extent.—
(1) This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
Explanation of Section 1 – Hindu Marriage Act
Section 1 of the Hindu Marriage Act, 1955, provides foundational information about the scope and applicability of the Act. It outlines the name of the Act and its territorial as well as personal application.
Key Highlights:
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Short Title:
The official name of this legislation is “The Hindu Marriage Act, 1955.” This title is used for all legal references and formal citations. -
Territorial Extent:
Originally, the Act applied to the entire territory of India except the State of Jammu and Kashmir due to its special constitutional status under Article 370. However, following the abrogation of Article 370 in 2019, the Act now applies uniformly across all states and union territories, including Jammu and Kashmir. -
Extraterritorial Applicability:
The Act also applies to Hindus domiciled in India but living outside its physical borders. “Domicile” refers to the place where a person maintains a permanent home or intends to return. This ensures that the Act governs the marriages of Hindus living abroad, provided they are domiciled in India.
Illustration
Example:
A Hindu couple marries in Delhi under the Hindu Marriage Act, 1955. Later, they relocate to Canada. Despite living outside India, the provisions of the Act continue to apply to their marriage, since they remain domiciled in India.
Common Questions and Answers on Section 1 – Hindu Marriage Act
Q1: Does the Hindu Marriage Act apply to all Hindus living abroad?
A: No. The Act applies only to Hindus who are domiciled in India. If a Hindu is not domiciled in India, the Act does not apply to their marriage, even if they are Indian citizens.
Q2: Why was Jammu and Kashmir excluded from the Act initially?
A: At the time of the Act’s enactment, Jammu and Kashmir had a special status under Article 370 of the Constitution and followed its own personal laws. This changed after the revocation of Article 370 in 2019.
Q3: What role does “domicile” play in the applicability of this Act?
A: Domicile determines whether the Act applies to Hindus residing outside India. If they have Indian domicile, the Act governs their marriage, even if the ceremony or residence is abroad.
Q4: Has Section 1 been formally amended post the abrogation of Article 370?
A: While the practical application of the law now includes Jammu and Kashmir, the original wording of Section 1 may still reflect its pre-2019 text. In practice, however, the Act is now uniformly applicable across all of India.
Conclusion
Section 1 of the Hindu Marriage Act, 1955, lays the groundwork for understanding the scope and reach of the legislation. It specifies who the law applies to and where. Importantly, it ensures that Hindu marriages are governed under Indian law, even when the parties are outside India but maintain Indian domicile. Understanding this section is critical for recognizing the jurisdiction and relevance of the Act in both domestic and international contexts.
For more legal clarity and full-text access to the Hindu Marriage Act and related laws, visit ApniLaw.
