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Section 2 of the Hindu Marriage Act, 1955 - Application of Act

Section 2 determines who comes within the Hindu Marriage Act, 1955. It covers Hindus in their different religious traditions, Buddhists, Jains and Sikhs, certain other domiciled persons, children meeting the statutory conditions, and converts or reconverts. It also contains an important exception for members of Scheduled Tribes.

Legal source: The Hindu Marriage Act, 1955 (Act 25 of 1955), Section 2. Read the official Act on India Code.

Who does Section 2(1) cover?

Sub-section (1) identifies three broad categories of persons to whom the Act applies:

Section 2(1)(a): A person who is Hindu by religion in any of its forms or developments, including a Virashaiva, Lingayat, or follower of the Brahmo, Prarthana or Arya Samaj.
Section 2(1)(b): A person who is Buddhist, Jain or Sikh by religion.
Section 2(1)(c): Other persons domiciled in the territories to which the Act extends who are not Muslim, Christian, Parsi or Jewish by religion, subject to the statutory exception where it is proved that Hindu law or its customs would not have governed the relevant matter before the Act.

The domicile requirement expressly appears in clause (c). Territorial application and persons residing abroad must also be considered with Section 1 of the Act.

Explanation to Section 2(1) - Children and conversion

The Explanation identifies the following persons as Hindus, Buddhists, Jains or Sikhs, as applicable:

Both parents: A child, whether legitimate or illegitimate, whose parents both belong to one or more of these religions.
One parent: A child, whether legitimate or illegitimate, with one parent belonging to one of these religions, if the child is brought up as a member of that parent's tribe, community, group or family.
Conversion: A person who converts or reconverts to Hinduism, Buddhism, Jainism or Sikhism.

Where only one parent belongs to one of these religions, the child's upbringing is an express part of the statutory test. The Supreme Court discussed the Explanation in its judgment dated 1 September 2023.

Section 2(2) - Scheduled Tribe exception

Under Section 2(2), the Act does not ordinarily apply to members of a Scheduled Tribe within the meaning of Article 366(25) of the Constitution, unless the Central Government directs otherwise by notification in the Official Gazette. This is an express statutory exception, even where the general description in Section 2(1) might otherwise appear relevant.

Article 366(25) defines Scheduled Tribes by reference to those deemed Scheduled Tribes under Article 342. Whether the exception applies requires attention to the person's legally recognised Scheduled Tribe status and any applicable notification or special legal provision.

Section 2(3) - Meaning of Hindu within the Act

Sub-section (3) provides that the expression Hindu wherever used in the Act includes a person who is not Hindu by religion but is covered by Section 2. Thus, for the purposes of this legislation, the statutory expression extends to covered Buddhists, Jains, Sikhs and other qualifying persons.

Practical importance of Section 2

Section 2 is the starting point when determining whether the Hindu Marriage Act governs a particular marriage or matrimonial dispute. Once applicability is established, the relevant substantive provisions must be considered separately, including Section 5 (conditions for a Hindu marriage), Section 7 (ceremonies) and Section 8 (registration).

Applicability under Section 2 does not, by itself, establish that a marriage is valid. Questions of marriage conditions, ceremonies, jurisdiction and remedies are governed by other provisions and the particular facts.

Section 2 - Statutory provision

2. Application of Act

(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.

Official legal references

Updated: 21 October 2026. This article provides general legal information. The applicable statutory text, amendments, notifications and facts should be checked for individual cases.