Who is governed by the Hindu Marriage Act?

Persons Who Are Governed by the Hindu Marriage Act, (1955)

Despite its name, the Hindu Marriage Act, 1955 is not confined to those who identify as Hindu in the conventional sense. It extends to a fairly broad category of persons below mentioned:

Under Section 2 of the Hindu Marriage Act, 1955, the Act applies to:

1.     Hindus by religion

Persons who profess the Hindu religion in any of its forms or developments, including followers of reform movements such as Arya Samaj and Brahmo Samaj.

2.     Buddhists, Jains, and Sikhs

Although these religions are distinct from Hinduism, the Act expressly includes them within its scope for the purpose of matrimonial law.

3.     Converts or Reconverts

Any person who has converted or reconverted to Hinduism, Buddhism, Jainism, or Sikhism is governed by the Act from the date of conversion.

4.     Children of Hindu Parents

A legitimate or illegitimate child whose parents are Hindus, Buddhists, Jains, or Sikhs is governed by the Act.

5.     Children Brought Up as Hindus

A child whose one parent is Hindu and who has been brought up as a member of the Hindu community may also be governed by the Act, depending on the facts of the case.

6.     Other Persons Not Governed by Any Other Personal Law

The Act also applies to any person domiciled in India who is not a Muslim, Christian, Parsi, or Jew, unless it is proved that such person would not have been governed by Hindu law or custom before the enactment of the Act.

Persons Who Are Not Governed by the Act

The Hindu Marriage Act does not apply to:

§  Muslims

§  Christians

§  Parsis

§  Jews

§  Persons marrying under the Special Marriage Act, 1954

§  Members of Scheduled Tribes, unless the Central Government specifically extends the Act to them by notification (Section 2(2)).

Thus, The Hindu Marriage Act, 1955 adopts an inclusive approach by applying to Hindus, Buddhists, Jains, Sikhs, converts, and certain other persons not governed by any other personal law in India. Its objective is to provide a uniform legal framework regulating the matrimonial rights and obligations among those who are covered by the Act.