• 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 3 years 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
99776 Answers
8145 Consultations

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
13008 Answers
267 Consultations

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
5623 Answers
339 Consultations

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
89978 Answers
2492 Consultations

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
5128 Answers
42 Consultations

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

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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
3070 Answers
20 Consultations

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