HINDU MARRIAGE ACT ALL PROVISIONS PART I

CHAPTER I

PRELIMINARY

 1.     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.

Objects and Reasons:- The words “domiciled in India” have been changed to “domiciled in the territories to which this act extends” to make the position clear, so that the law will be applicable to all Hindus with such domicile, who may, for the time being, be outside the said territories-whether they be in Jammu and Kashmir or outside India altogether.

 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

1. The Act has been extended to (1) Dadra and Nagar Haveli by regulation 6 of 1963 (w.e.f.1-7-1965) and (2) Pondicherry by regulation 7 of 1963 (w.e.f.1-10-1963); Sikkim by Noti.No.S.O.311(E), dated 28-4-1989 (w.e.f.1-5-1989).

     This Act has also been applied to the State of Jammu & Kashmir by the J & K. Hindu Marriage Act, 1955 (J & K. Act 8 of 1955) subject to certain modifications. Now the 1955 Act has been repealed by J & K. Act 4 of 1980. Hence, this Act does not apply to J & K.

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 of Sikh by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a  Hindu, Buddhist, Jaina of 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 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, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

 State Amendment-[Pondicherry].- In its application to the Union territory of Pondicherry, in S.2, after sub-S.(2), insert the following sub-section, namely.-

“(2-A) Notwithstanding anything contained in sub-section (1), nothing contained in this act shall apply to the Renoncants of the Union territory of Pondicherry.”- See Regn. 7 of 1963, S.2(w.e.f.1-10-1963).