Applicability of Hindu Marriage Act, 1955

Source: Telangana High Court 

Why in News? 

The Division Bench of Justices K. Lakshman and Vakiti Ramakrishna Reddy in the case of X v. X (2026) declared the marriage between a Scheduled Tribe woman and a Scheduled Caste man to be void, holding that a marriage registered under the Hindu Marriage Act, 1955, cannot be sustained in law if one of the parties is not governed by the Act. 

What was the Background of X v. X (2026) Case? 

• The appellant woman belonged to the Scheduled Tribes, while the respondent belonged to SC Mala category. 
• The marriage between the parties was registered under the Hindu Marriage Act, 1955, and was allegedly solemnized in a temple according to Hindu rites and customs. 
• The appellant approached the Family Court seeking dissolution of marriage under Section 13 of the HMA, 1955. 
• She contended that the marriage was brought about by coercion on the part of the respondent, who threatened her. 
• The respondent denied the allegations and contended that the marriage was voluntary and that the parties married out of love for each other. 
• The respondent further contended that the marriage had been consummated as well. 
• The Family Court dismissed the petition, holding that the appellant had failed to establish cruelty or forcible marriage. 
• The Family Court declined to declare the marriage void. 
• Aggrieved by the decision, the appellant approached the High Court in appeal. 

What were the Court's Observations? 

• The Court noted that Section 2(2) of the Hindu Marriage Act, 1955 expressly excludes members of the Scheduled Tribes from the application of the Act unless the Central Government, by notification, directs otherwise. 
• It was not in dispute that no such notification had been issued extending the applicability of the Act to the appellant's tribe. 
• The Court held that the applicability of a personal law statute flows from legislative mandate and not from the volition or conduct of the parties. 
• Where a Hindu seeks to marry a person not amenable to the Hindu Marriage Act, 1955, the legally permissible course is to contract such marriage under the Special Marriage Act, 1954, which is a secular enactment designed to govern such unions. 
• The Court emphasized that statutory exclusion cannot be neutralized by registration, ceremony, or mutual consent. 
• On the question of whether mere performance of marriage was sufficient to draw applicability under the Act, the Court answered in the negative. 
• The Court held that there was neither proof nor pleading to establish that the appellant had abandoned tribal customs or was governed exclusively by the Act. 
• The Court held that mere performance of marriage in such a case was legally insufficient. 
• The High Court held that the Family Court had committed a jurisdictional error in adjudicating the matrimonial dispute under the Hindu Marriage Act, 1955, without first determining its statutory applicability to the appellant. 
• The Court contended that when jurisdiction itself is contingent upon such applicability, failure to adjudicate the same renders the entire exercise jurisdictionally infirm, warranting appellate interference. 
• Consequently, holding that the HMA was not applicable to the appellant, the Court allowed the appeal and set aside the decree passed by the Family Court, thus declaring the marriage void. 

What is the Hindu Marriage Act, 1955? 

About: 

• The Hindu Marriage Act, 1955 is a legislation enacted to codify and amend the law relating to marriage among Hindus. 
• The Act applies to Hindus, Buddhists, Jains, and Sikhs, but explicitly excludes members of Scheduled Tribes unless notified otherwise by the Central Government. 
• Section 2(2) of the Act provides for statutory exclusion of Scheduled Tribes from its applicability. 
• The Act prescribes conditions for valid Hindu marriages, grounds for divorce, and procedures for matrimonial remedies. 

Applicability of Hindu Marriage Act to Scheduled Tribes: 

• Section 2(2) of the Hindu Marriage Act, 1955 expressly excludes members of Scheduled Tribes from the application of the Act. 
• The exclusion operates unless the Central Government, by notification in the Official Gazette, directs otherwise for a particular Scheduled Tribe or tribes. 
• The statutory exclusion is based on legislative mandate and cannot be overridden by the conduct, consent, or volition of the parties. 
• Registration of marriage under the HMA or performance of marriage according to Hindu rites does not confer validity when one party is statutorily excluded. 

Alternative Legal Framework: 

• Where a Hindu seeks to marry a person not amenable to the Hindu Marriage Act, 1955, the legally permissible course is to contract such marriage under the Special Marriage Act, 1954. 
• The Special Marriage Act, 1954 is a secular enactment designed to govern inter-community and inter-religious unions. 
• This Act does not impose religious or community-based restrictions and provides a comprehensive framework for such marriages. 
• The Special Marriage Act ensures legal validity and protection to marriages between persons belonging to different communities or religions.