The Hindu Marriage Act, 1955: Structure, Applicability and Scope

Act Structure

The Hindu Marriage Act, 1955 is one of the important personal law enactments governing marriage among Hindus in India. The basic structural details of the Act are as follows:

Basic Details of the Act

Chapters Under the Act

The Hindu Marriage Act, 1955 is divided into six chapters which are as follows:

• Chapter I: Preliminary (Sections 1–4)
• Chapter II: Hindu Marriages (Sections 5–8)
• Chapter III: Restitution of Conjugal Rights and Judicial Separation (Sections 9–10)
• Chapter IV: Nullity of Marriage and Divorce (Sections 11–13)
• Chapter V: Jurisdiction and Procedure (Sections 19–21C)
• Chapter VI: Savings and Repeals (Sections 22–30)

Applicability and Scope of the Act (Section 1)

Section 1 of the Act defines the extent and scope of its application:

1. It extends to the whole of India.
2. It includes the State of Jammu and Kashmir. After 30 October 2019, the Act became applicable to the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.
3. It also applies to Hindus who are domiciled in India but are residing outside India.

Application of the Act: Who Are Considered Hindus (Section 2(1))

Section 2(1) of the Act specifies the persons to whom the Hindu Marriage Act applies. The Act applies to any person who is:

1. A Hindu by religion.
2. A follower of Hinduism in any of its forms or developments.
3. A Virashaiva.
4. A Lingayat.
5. A follower of the following religious movements:
   • (a) Brahmo Samaj
   • (b) Prarthana Samaj
   • (c) Arya Samaj
6. A Buddhist, Jaina or Sikh by religion.
7. Any other person who is domiciled in India and belongs to certain communities by default, unless it is proved that Hindu law has never been applicable to them or that they are governed by a separate customary law.
8. A person who is not a Muslim, Christian, Parsi or Jew by religion.

Who Are Hindus, Buddhists, Jainas or Sikhs by Religion (Section 2(1) Explanation)

The explanation to Section 2(1) explains who shall be considered as Hindus, Buddhists, Jainas or Sikhs under this Act are as follows:

1. A child, whether legitimate or illegitimate, whose parents belong to any of these religions.
2. A child whose both parents belong to any of these religions.
3. A child whose one parent belongs to any of these religions and who is brought up as a member of that religious group or community.
4. Any person who has converted or reconverted to Hinduism, Buddhism, Jainism or Sikhism.

Persons Excluded from the Application of the Act (Section 2(2))

Section 2(2) of the Act provides an exception to its application. The Act does not apply to the members of any Scheduled Tribe unless the Central Government, by notification in the Official Gazette, directs the application of this Act to such tribes.

Conclusion

This article provide the basic details of the Act which includes the application of this Act and the person who are considered as Hindu for the purpose of this Act and provide the other structural details of the Act.