Section 2 In HMA, 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 such person would not have been governed by Hindu law or by any custom or usage as part of that law in respect of the matters dealt with in this Act if it had not been passed.

Explanation.— The following persons are Hindus, Buddhists, Jains or Sikhs by religion, as the case may be:

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains 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 reconvert 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.

Explained:

Section 2 of the Hindu Marriage Act, 1955, determines the persons to whom the Act applies. It is an important provision governing the applicability of Hindu personal law in matters relating to marriage, judicial separation, divorce and other matrimonial disputes. The provision identifies the religious communities covered by the Act and specifies certain exceptions.

Who Is Covered Under Section 2?

Under Section 2(1), the Act applies to:

1. Hindus by religion, including Virashaivas, Lingayats and followers of the Brahmo Samaj, Prarthana Samaj and Arya Samaj.
2. Persons professing Buddhism, Jainism or Sikhism.
3. Certain other persons domiciled in the territories to which the Act extends who are not Muslims, Christians, Parsis or Jews by religion, subject to the statutory exception concerning prior personal law or custom.

The Explanation to Section 2 also addresses children of specified religious backgrounds and persons who have converted or reconverted to Hinduism, Buddhism, Jainism or Sikhism. Section 2(2) generally excludes members of Scheduled Tribes unless the Central Government directs otherwise by notification.

Important Judgments

1. Gullipilli Sowria Raj v. Bandaru Pavani (2008)

The Supreme Court held that a marriage between a Hindu and a Christian could not be treated as a valid Hindu marriage under the Hindu Marriage Act. The judgment emphasised the importance of the Act’s applicability provisions and the requirement that a marriage under Section 5 be between two Hindus.

2. Dr. Surajmani Stella Kujur v. Durga Charan Hansdah (2001)

The Supreme Court examined who qualifies as a Hindu for the purposes of the Act. The decision explains the scope of Section 2 and the significance of its provisions concerning religious communities and Scheduled Tribes.

Conclusion

Section 2 establishes the scope of the Hindu Marriage Act, 1955. Determining whether the parties fall within its coverage is an essential first step before considering the validity of a marriage or seeking matrimonial relief under the Act.