Q.



Does the Hindu Marriage Act (HMA) apply to those hindu who are not domiciled in India but who are temporarily residing in India ?


428 August 29 2021

1 Answer

A.
Yes, under section 2 of Hindu Marriage  Act which clearly mentioned that the Act applies to all hindu who are within the territories of India.This intra-territorial aspect is not controlled by domicile.

Case Law related to this question :

In Prem Singh v. Dulari Bai (1973), court held this act applies to Hindus,Buddhists,Jains and Sikhs even though they are not domiciled in India and are only temporary residents here.

Also it is not material that such person is not citizen of India because the legislature has not laid down this pre-condition.

In 2005, another case of Varindra Singh v. State of Rajasthan court held that petitioners who where Hindus resided in Canada but were married under HMA in India, the Registrar cannot refuse registration of their marriage under the HMA.

Hindu Law Hindu Marriage Act Domiciled