Section 2 – Hindu Marriage Act – Application Of Act.

Code: Section 2 Hindu Marriage Act, 1955

2. Application of Act.—

(1) This Act applies—

(a) to any person 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 a Buddhist, Jaina or Sikh by religion; and

(c) to any other person domiciled in the territories to which this Act extends 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 matters dealt with herein if this Act had not been passed.

(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.

(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

—

Explanation of Section 2 – Application of the Hindu Marriage Act

Section 2 of the Hindu Marriage Act defines who is governed by the Act. It lays out the religious and community-based scope of application, making it clear which individuals are covered under its provisions.

Key points:

• Religious Groups Included:
  • The Act applies to anyone who identifies as Hindu in any of its traditional or reformist forms, including sects like Virashaiva, Lingayat, Brahmo Samaj, Arya Samaj, and Prarthana Samaj.
  • It also explicitly includes Buddhists, Jains, and Sikhs by religion.
• Non-Hindus:
  • The Act applies to non-Muslim, non-Christian, non-Parsi, and non-Jewish individuals domiciled in India if they were traditionally governed by Hindu law, unless it is proved otherwise.
• Scheduled Tribes Exception:
  • The Act does not apply to members of Scheduled Tribes unless the Central Government directs so through a notification in the Official Gazette.
• Definition Expansion:
  • The term “Hindu” in this Act is inclusive. It extends to persons who, though not Hindus by religion, are covered under this Act based on the criteria mentioned above.

—

Illustration

Example 1:
A person who is a follower of the Arya Samaj is considered a Hindu under this Act. Therefore, their marriage will be governed by the provisions of the Hindu Marriage Act.

Example 2:
A Buddhist couple domiciled in India gets married. Even though they are not Hindus by religion, they fall under the purview of this Act and their marriage will be legally recognized under it.

Example 3:
An individual belonging to a Scheduled Tribe will not automatically be governed by this Act unless the Central Government issues a specific notification making it applicable.

—

Common Questions and Answers on Section 2 – Hindu Marriage Act

Q1: Does the Hindu Marriage Act apply to Sikhs, Buddhists, and Jains?

A: Yes. The Act explicitly includes Buddhists, Jains, and Sikhs under its ambit.

Q2: Can a person who is not a Hindu by religion be governed by this Act?

A: Yes, provided that they are domiciled in India and traditionally governed by Hindu law in matters of marriage.

Q3: Why are Scheduled Tribes excluded from the application of the Act?

A: Scheduled Tribes have been historically governed by their own customary laws. To respect these traditions, the Act does not apply unless the Central Government decides otherwise through a notification.

Q4: What if someone is of no religion but domiciled in India?

A: If they are not a Muslim, Christian, Parsi, or Jew and were traditionally governed by Hindu customs or law, the Act may still apply unless proven otherwise.

—

Conclusion

Section 2 of the Hindu Marriage Act, 1955, plays a critical role in defining who is subject to the provisions of the Act. It goes beyond narrow religious classifications to include diverse sects and communities that are traditionally governed by Hindu law. Understanding this section is essential to determine the legal framework that governs an individual’s marriage and related rights under Indian personal law.

For more detailed legal analysis and updates on personal laws, visit ApniLaw.