Application of Act
Section 2 of the Hindu Marriage Act, 1955 deals with application of Act. 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 ter The Act came into force on 18 May 1955.
(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.
Section 2, The Hindu Marriage Act, 1955 (Act 25 of 1955).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani
Court's Decision & Legal Precedent
The Hindu Marriage Act 1955, by its Preamble and Section 2, applies exclusively to marriages among Hindus. A marriage between a Hindu and a person professing a different faith such as Christianity cannot be solemnized as a valid Hindu marriage under the Act. The conditions specified in Section 5 of the Act are mandatory, not optional - the word 'may' in opening words indicates that a marriage may be solemnized between 'any two Hindus' if conditions are fulfilled, meaning failure to fulfill conditions precludes a valid marriage. Where one party is not Hindu, a valid Hindu marriage cannot be solemnized under the Act. Registration of such a marriage under Section 8 does not validate a fundamentally void marriage.
On this section: To establish that Christians are explicitly excluded from the definition of persons to whom the Act applies
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Jitesh Kishore Tolani vs Vinisha Jitesh Tolani @ M. Laghmani
Court's Decision & Legal Precedent
When a matrimonial matter governed by Hindu personal law is instituted by husband against wife, such proceedings can be transferred to a jurisdiction where the wife resides and has established residence, even if the marriage was solemnized and registered in another State. The applicability of personal law (Hindu Marriage Act) supersedes purely territorial claims based on where marriage was performed or registered under local Civil Code, and considerations of wife's convenience and ability to defend the proceedings are paramount in determining appropriate forum for matrimonial disputes.
On this section: Extends operation of Act to whole of India except Jammu and Kashmir; establishes applicability to petitioner's case in Goa
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 2
What have the courts held on Section 2 of the Hindu Marriage Act?
Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani (04 Dec 2008) is the leading judgment on this section among those set out below: To establish that Christians are explicitly excluded from the definition of persons to whom the Act applies. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2008 to 2010.
How do I find court cases under Section 2 of the Hindu Marriage Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Hindu Marriage Act 2, section 2 Hindu Marriage Act, section 2 of the Hindu Marriage Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani (04 Dec 2008).
What should I read with Section 2 of the Hindu Marriage Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 2 of the Hindu Marriage Act come into force?
Section 2 of the Hindu Marriage Act, cited as Hindu Marriage Act 2, came into force on 18 May 1955, having been enacted on 18 May 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Divorce913 words
- 3. Definitions499 words
- 23. Decree in proceedings465 words
- 12. Voidable marriages361 words
- 14. No petition for divorce to be presented within one year of marriage290 words
- 21A. Power to transfer petitions in certain cases287 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.