Hindu Marriage Act, 1955 – Section 1
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.
Explanation
This section deals with the name and application of the Hindu Marriage Act, 1955.
- (1) Short title: This clause gives the Act its official name – “The Hindu Marriage Act, 1955”. This name is used for referencing the Act in legal documents and proceedings.
- (2) Extent: This clause specifies the geographical area where the Act applies.
- Territorial Applicability: The Act applies to the whole of India, except the State of Jammu and Kashmir. This means that the provisions of the Act govern marriages between Hindus in all states and union territories of India, except Jammu and Kashmir, which had its own separate personal law.
- Extraterritorial Applicability: The Act also extends to Hindus domiciled in the territories where it applies, even if they are physically located outside India. This means that the Act can govern the marriages of Hindus who are living abroad, as long as they are domiciled in India. Domicile refers to the place where a person has their permanent home and intends to reside.
Illustration
Imagine a Hindu couple who were married in India under the Hindu Marriage Act. They later move to the United States. Even though they are living outside of India, the Hindu Marriage Act would still apply to their marriage because they are domiciled in India.
Common Questions and Answers
Q: Does this section mean that the Act applies to all Hindus worldwide?
A: No. The Act applies to Hindus who are domiciled in India, even if they are living outside India. It does not apply to Hindus who are not domiciled in India, even if they are living there temporarily.
Q: Why does the Act not apply to Jammu and Kashmir?
A: At the time the Act was passed, Jammu and Kashmir had its own special status under the Indian Constitution and had a separate personal law regarding marriage. This changed after the abrogation of Article 370 in 2019, and the Act now applies to Jammu and Kashmir as well.
