Section 1 of the Hindu Marriage Act, 1955 - Short Title and Extent
Section 1 identifies the name of the Hindu Marriage Act, 1955, establishes its territorial extent throughout India and provides for its application to Hindus domiciled in India who are outside the country.
Text of Section 1 - Short title and extent
Section 1(1). This Act may be called the Hindu Marriage Act, 1955.
Section 1(2). It extends to the whole of India, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
The wording above reflects the omission of the former Jammu and Kashmir exception in the updated official India Code text. The Act received assent on 18 May 1955.
Meaning and explanation of Section 1
Section 1(1): Short title
The term short title means the official name by which legislation may be identified and cited. Under Section 1(1), the statute is known as the Hindu Marriage Act, 1955. It is Act No. 25 of 1955 and was enacted to amend and codify the law relating to marriage among Hindus.
Section 1(2): Territorial extent
The expression territorial extent describes the geographical area in which legislation operates. Section 1(2) now extends the Hindu Marriage Act to the whole of India, including the Union territories of Jammu and Kashmir and Ladakh.
Application in Jammu and Kashmir and Ladakh
The original text of Section 1(2) excluded the erstwhile State of Jammu and Kashmir. That exclusion is no longer operative. Section 95 and the Fifth Schedule to the Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019) omitted the words "except the State of Jammu and Kashmir" with effect from 31 October 2019.
The earlier version also carried a note referring to notification S.O. 3912(E), dated 30 October 2019, concerning application to the Union territories of Jammu and Kashmir and Ladakh. Readers should rely on the amended territorial wording rather than treat the old exclusion as current law.
Does the Hindu Marriage Act apply to Hindus living abroad?
Yes, Section 1(2) expressly provides for application to Hindus domiciled in India who are outside India. In this context, domicile generally concerns a person's permanent legal home and intention to make that place their home; it is not necessarily the same as temporary residence, nationality or possession of an Indian passport.
For example, a Hindu who retains an Indian domicile while temporarily working overseas may remain within the Act's personal reach. Whether a particular marriage or matrimonial proceeding is governed by the Act depends on the facts, the applicable statutory provisions and the competent court's jurisdiction. Mere Indian origin or residence abroad does not, by itself, decide domicile.
Who is covered by the Act?
Section 1 concerns the Act's name and extent; Section 2 separately specifies the persons to whom it applies. Subject to its terms and exceptions, Section 2 includes Hindus in their various forms and developments and persons who are Buddhist, Jaina or Sikh by religion. Section 2(2) provides a specific rule concerning members of Scheduled Tribes unless the Central Government directs otherwise by notification. Read Section 2 - Application of Act for the relevant scope and qualifications.
Practical significance
Section 1 is the starting point for determining the statute's identity and geographical reach. For marriage validity, ceremonies, registration, restitution of conjugal rights, judicial separation or divorce, it must be read with the substantive provisions of the Act, including Section 5, Section 7 and Section 8.
Official legal source
Read the Hindu Marriage Act, 1955 - updated official India Code PDF, including the legislative footnote documenting the 2019 omission. The text of the Act and applicable amendments should be checked for any subsequent changes before legal reliance.