• Is Hindu Marriage Act applicable to tribal people who married by Hindu customs and follow Hinduism

Tribal couple married through Hindu customs and also believe in Hindu law. then can Hindu marriage act is applicable to them.
Asked 2 months ago in Family Law
Religion: Hindu

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9 Answers

Supreme Court has held in Labishwar Manjhi  v. Pran Manjhi,(2000) 8 SCC 587, that if members of Tribes are Hinduised, the provisions of the HMA, 1955 would be applicable.


2) the manner in which the marriage had been conducted in the present matter and the customs being followed by the parties show that as in the case of Hindus, the marriage is conducted in front of the fire. The Hindu customary marriage involves the ceremony of Saptapadi which has also been performed in the present case.


3)members of a tribe voluntarily choose to follow Hindu customs, traditions and rites they cannot be kept out of the purview of the provisions of the HMA, 1955.

Ajay Sethi
Advocate, Mumbai
90490 Answers
6637 Consultations

5.0 on 5.0

No, Tribal people not comes under Hindu law. If their marriage needs to come under Hindu law then kindly perform marriage under special marriage act.

Ganesh Kadam
Advocate, Pune
12676 Answers
215 Consultations

4.9 on 5.0

Even though Hindu Marriage Act not applicable to tribal people, but if they follow Hindu Customs voluntarily, then the Hindu Marriage Act is applicable.




Shashidhar S. Sastry
Advocate, Bangalore
4578 Answers
269 Consultations

5.0 on 5.0

It has been clearly stipulated in the Act that the provisions of the Act are not applicable to members of the Scheduled Tribe unless there is a notification in the Official Gazette, otherwise directs..

In the Constitution of India, or in any other enactment of the Parliament the term ‘hindu’ has not been defined in a comprehensive meaning. During a search one can see that it has not been defined in the Hindu Marriage Act or in any other enactment.

Therefore it is not applicable. 

T Kalaiselvan
Advocate, Vellore
80654 Answers
1740 Consultations

5.0 on 5.0

HMA is applicable to any tribes or tribal communities unless tribe or community is not specified through notification by the President of India under Article 342 to be Scheduled Tribe. That is, if the Tribe to which you belong is not so specified, HMA is applicable to you. 

Ravi Shinde
Advocate, Hyderabad
3637 Answers
42 Consultations

5.0 on 5.0

Dear client Hindu marriage Act does not apply to tribal people.

Anik Miu
Advocate, Bangalore
6256 Answers
68 Consultations

4.9 on 5.0

Yes if both the parties have Accepted Hinduism and married then it's valid 

Prashant Nayak
Advocate, Mumbai
29082 Answers
113 Consultations

4.1 on 5.0

Yes. It would be applicable if the couple practices Hinduism.

Siddharth Jain
Advocate, New Delhi
6247 Answers
101 Consultations

5.0 on 5.0

Yes, very much applicable. It is the religion they practice that matters, and not whether they belong to any tribe or not, which is immaterial.

Swaminathan Neelakantan
Advocate, Coimbatore
2314 Answers
20 Consultations

4.9 on 5.0

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