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2001 Supreme(Online)(SC) 22

SUPREME COURT
K. T. Thomas, *R. P. Sethi, JJ.
Dr. Surajmani Stella Kujur v. Durga Charan Hansdah And Another


1 Leave granted.

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

3S.2 of the Act specifies the persons to whom the Act is applicable. Clauses (a), (b) and (c) of Sub-section (1) of S.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, Jain 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.

4The term "Hindu" has not been defined either under the Act or Indian Succession Act or any other enactment of the Legislature. As far back as in 1903 the Privy Council in Bhagwan Koer v. J.C. Bose and Others [ILR (XXXI) Calcutta Series 11] observed:
"We shall not attempt here to lay down a general definition






















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