Who Does the Hindu Marriage Act 1955 Apply To? Section 2 Explained
Section 2 of the Hindu Marriage Act, 1955 explains the persons to whom the Act applies. It covers Hindus in the broad statutory sense, expressly includes Buddhists, Jainas and Sikhs, and also contains rules concerning children, converts and re-converts. A specific exception applies to members of Scheduled Tribes unless the Central Government directs otherwise by notification.
Updated: 27 September 2026
Section 2: Application of the Hindu Marriage Act 1955
Section 2 is the principal provision governing the personal application of the Hindu Marriage Act, 1955. The Act is a central law enacted to amend and codify the law relating to marriage among Hindus. Section 1 now extends the Act to the whole of India, and Section 2 identifies the persons governed by it.
1. Hindu by religion - Section 2(1)(a)
The Act applies to a person who is Hindu by religion in any of its forms or developments. The provision expressly includes:
- a Virashaiva;
- a Lingayat;
- a follower of the Brahmo Samaj;
- a follower of the Prarthana Samaj; and
- a follower of the Arya Samaj.
The wording "in any of its forms or developments" gives the provision a broad statutory scope rather than restricting it to one school, sect or tradition.
2. Buddhists, Jainas and Sikhs - Section 2(1)(b)
Section 2(1)(b) expressly provides that the Act applies to a person who is Buddhist, Jaina or Sikh by religion. Their inclusion for the purposes of this Act is therefore stated directly in the statute.
3. Other persons covered by Section 2(1)(c)
Section 2(1)(c) also applies to another person domiciled in the territories to which the Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that the person would not have been governed by Hindu law, or by a custom or usage forming part of that law, in respect of the matters dealt with by the Act if the Act had not been passed.
This is a statutory residual category. It should not be read as a general statement that every person outside the four religions named in the clause automatically becomes Hindu by religion.
Who is treated as Hindu, Buddhist, Jaina or Sikh under the Explanation?
The Explanation to Section 2(1) specifies additional categories treated as Hindu, Buddhist, Jaina or Sikh by religion, as the case may be, for application of the Act.
| Category | Rule under the Explanation to Section 2(1) |
|---|---|
| Child of two covered parents | A legitimate or illegitimate child whose parents are both Hindus, Buddhists, Jainas or Sikhs by religion is included. |
| Child of one covered parent | A legitimate or illegitimate child with one Hindu, Buddhist, Jaina or Sikh parent is included when brought up as a member of the tribe, community, group or family to which that parent belongs or belonged. |
| Convert or re-convert | A person who converts or re-converts to the Hindu, Buddhist, Jaina or Sikh religion is included. |
Scheduled Tribe exception under Section 2(2)
Accordingly, membership of a Scheduled Tribe requires separate attention when determining whether the Hindu Marriage Act applies. Article 366(25) links the expression "Scheduled Tribes" to tribes or tribal communities, or parts or groups within them, deemed under Article 342 to be Scheduled Tribes for constitutional purposes.
Meaning of "Hindu" in the rest of the Act - Section 2(3)
Section 2(3) is an interpretive provision. Wherever the expression "Hindu" is used in the Hindu Marriage Act, it is to be read as including a person who may not be Hindu by religion but to whom the Act applies because of Section 2.
Practical meaning of Section 2
Section 2 answers the threshold question of whether a person falls within the personal scope of the Hindu Marriage Act. Once the Act applies, other provisions govern matters such as the conditions for a Hindu marriage, ceremonies, registration, restitution of conjugal rights, judicial separation, nullity, divorce, maintenance, custody and related matrimonial proceedings.
For example, Section 5 sets out the conditions for a Hindu marriage, while Section 7 deals with ceremonies for a Hindu marriage and Section 8 deals with registration.
Current territorial position
Section 1(2) of the Hindu Marriage Act now states that the Act extends to the whole of India. The former words excluding the State of Jammu and Kashmir were omitted with effect from 31 October 2019. The provision also addresses Hindus domiciled in the territories to which the Act extends who are outside those territories.
Official text and legal reference
For the authoritative statutory wording and amendment notes, consult the official India Code version of the Hindu Marriage Act, 1955. The statutory text should be checked when the applicability of the Act is disputed on particular facts.
This article is intended for general legal information. Application of personal law can depend on the facts, applicable statutory exceptions, notifications and judicial decisions.