2.
(1) Application of Act. This Act
applies-
(a) to any 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,
(b) to any person who is a Buddhist,
Jaina or Sikh by religion, and
(c) to any other person who is not
a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such
person would not have been governed by the Hindu law or by any custom or usage
as part of that law in respect of any of the matters dealt with herein if this
Act had not been passed. Explanation.- The following persons are Hindus,
Buddhists, Jainas or Sikhs by religion, as the case may be:-
(a) any child, legitimate or
illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by
religion;
(b) any child, legitimate or
illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by
religion and who is brought up as a member of the tribe, community,
group or family to which such parent belongs or belonged; 1[
(bb) 2[ any child, legitimate or
illegitimate, who has been abandoned both by his father and mother or whose
parentage is not known and who in either case is brought up as a Hindu,
Buddhist, Jaina or Sikh; and]
(c) any person who is a convert or
re- convert to the Hindu, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding anything contained
in sub- section (1), nothing contained in this Act shall apply to the members of
any Scheduled Tribe within the meaning of clause (25) of article 366 of the
Constitution unless the Central Government, by notification in the Official
Gazette, otherwise directs. 3
(3) The expression" Hindu" in any
portion of this Act shall be construed as if it included a person who, though
not a Hindu by religion, is, nevertheless, a person to whom this Act applies by
virtue of the provisions contained in this section.
3. Definitions. In this Act, unless
the context otherwise requires-
(a) the expressions" custom" and"
usage" signify any rule which, having been continuously and uniformly observed
for a long time, has obtained the force of law among Hindus in any local area,
tribe, community, group or family: Provided that the rule is certain and not
unreasonable or opposed to public policy: and Provided further that, in the case
of a rule applicable only to a family, it has not been discontinued by the
family;
(b) " maintenance" includes-
(i) in all cases, provision for food,
clothing, residence, education and medical attendance and treatment;
(ii) in the case of an unmarried
daughter, also' the reasonable expenses of and incident to her marriage;
(c) " minor" means a person who has
not completed his or her age of eighteen years.
4. Over- riding effect of Act. Save as
otherwise expressly provided in this Act,-
(a) any text, rule or interpretation of
Hindu law or any custom or usage as part of that law in force immediately before
the commencement of this Act shall cease to have effect with respect to any
matter for which provision is made in this Act;
(b) any other law in force immediately
before the commencement of this Act shall cease to apply to Hindus in so far as
it is inconsistent with any of the provisions contained in this Act.