Hindu Marriage Act - CONTENTS Chapter I Chapter II Chapter III Chapter IV Hindu Marriage Act,1955[25 of 1955,dt An Act to amend and codify the law

Hindu Marriage Act - CONTENTS Chapter I Chapter II...

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CONTENTS Chapter I Chapter II Chapter III Chapter IV [25 of 1955,dt. 18-5-1955] An Act to amend and codify the law relating to marriage among Hindu Be it enacted by Parliament in the Sixth Year of the Republic of India as follows: Chapter 1 [ Top ] Preliminary 1. Short title and extent (1) This Act may be called the Hindu Marriage Act, 1955. (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. 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, Prathana 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 it this Act had not been passed. Explanation: The following persons are Hindus, Buddhist, 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. Hindu Marriage Act,1955
(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; 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 Central Government, by notification in the Officia 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. COMMENT Where one was initially a Hindu upon conversion to Islam, files a suit claiming dissolution of marriage on the ground of his ceasing to be a Hindu, it was held that the suit could not be maintained.-Zulfiquer Ali v. Anuradha 1985 (2) An. LT 86. 3 Definitions In this Act, unless the context otherwise requires, (a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family; PROVIDED that the rule is certain and not unreasonable or opposed to public policy; PROVIDED FURTHER that in the case of rule applicable only to a family it has not been discontinued by the family;

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