SURAJMANI STELLA KUJUR Vs. DURGA CHARAN HANSDAH

JUDGEMENT

(1.) Leave granted.

(2.) Who is a "Hindu" for the pruposes of the applicability of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") is question of law to be determined in this appeal.

(3.) Section 2 of the Act specifies the persons to whom the Act is applicable. Cluases (a), (b) and (c) of sub-section (1) of Section 2 make the Act applicable to a person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj and to persons who is a Buddhist, Jaina or Sikh by religion. It is also applicable to any other person domiciled in the territories of India who is not a Muslim, Christian, Parsi or Jew by religion. The applicability of the Act is, therefore, comprehensive and applicable to all persons domiciled in the territory of India who are not Muslims, Christians, Parsis or Jews by religion.