The hindu marriage act, 1955 (25 of 1955)
Posted on Nov 23, 2021
By Nyaay ki roshni me
Published in Education
THE HINDU MARRIAGE ACT, 1955
(25 of 1955)
[18th May, 1955]
An Act to amend and codify the law relating to marriage among Hindus.
Be it enacted by Parliament in the sixth year of the Republic of INDIA as follows;-
1. Short title and extent: (1). This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of India [* * *], and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
The Act will apply to Hindu domiciled in India even if they resides outsides India. If the requirement of domicile in India is omitted altogether, the Act shall have no nexus with India which shall render the Act vulnerable or the ground that extra territorial operation of law is saved not because of nexus with Hindus but Hindus domiciled in India. Holding that the Act applies to Hindus irrespective of their domicile would extend the extra-territorial operation of the Act all over the world without any nexus with India which interpretation if approved, would make such provision invalid. Further, this will render the words "domiciled" in section 1(2) of the Act redundant; Sondur Gopal v. Sondur Rajini, AIR 2013 SC 2678.
2. APPLICATION OF ACT.- (1) This Act applies-
(a) toany 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 domicile in the territories to which this Act extends who is not a Muslim, Christians, 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 a part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
EXPLANATION: (1)The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas and Sikhs by religion;
(b) any child, legitimate or illegitimate one of whoose parents is a Hindu, Buddhists, Jainas or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhists, Jainas, Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe with in the meaning of clause (25) of Article 366 of the cconstitution unless the central Government, by notification of the official Gazzette, 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, neverthelss, a person to whom this Act applies by virtue of the provisions contained in this section.
Pondicherry.- In section 2, insert the following sub-section, namely:-
"(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry."
[Vide Regn. 7 of 1963, sec. 2 and Sch. (w.e.f. 01-10-1963).]
Applicability of the Act
The marriage between the members of Scheduled Tribes is not governed by the Hindu Marriage Act in the light of sec. 2(2). Rather their marriage would be governed only by their Santhal custom and usage. Dr.Surrajmani Stelle Kujur v. Durga Charan Hansdah, AIR 2001 SC 938.
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