HMA 2 — Application of Act

Hindu Marriage Act, 1955

Statutory text

(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.
Explanation.—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  or
Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh
by  religion  and  who  is  brought  up  as  a  member  of  the  tribe, community,  group  or  family  to  which
such parent belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
(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.

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