This Act applies-
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
to any person who is a Buddhist, Jaina or Sikh by religion, and
to any other person domiciled in the territories to which this Act extends 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.
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.
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.
Legal Commentary & Landmark Judgments: Section 2
Section 2 delineates the personal applicability of the Hindu Marriage Act, 1955, defining the statutory parameters of who is a 'Hindu' by religion, birth, or conversion, while providing a specific statutory exemption for Scheduled Tribes.
When representing tribal litigants or parties from mixed-faith marriages, always verify if a Section 2(2) tribal bar applies. If an exemption is claimed by a spouse to defeat a maintenance or divorce claim, plead and adduce evidence of customary Hinduisation, adoption of Vedic sacraments, and abandonment of tribal usage.