What are the Application of Hindu Marriage Act

Application of act (Section 2)

The act which contains law of marriage and divorce applies to the Hindu as their personal law. The Hindu marriage at has extra-territorial application and to all Hindu, living in India or aboard provided they are domiciled in India.

Exception

  • The act, however does not apply to the members of any schedules tribes within the meaning of clause (25) of article 366 of the constitution unless the central government, by notification in the official gazette otherwise direct. Section 2 (2).
  • This act is also not allocable to those Hindu whose marriage has been solemnized under the special marriage act 1954 section 29(4).
  • The act does not apply in the state of Jammu & Kashmir.

Overriding effect of the act

Any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease of that to effect with respect to any matter for which providing is made in this act section 4(a). But matters expressly saved from the application of the act continue to may govern by the previous law, statutory or otherwise.

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