S. 2 of HMA Child born to Hindu parents Exp. (a) to Sub-sec(1) of S.

2
If A, a Hindu marries B, a non-hindu and have a child C brought up as a Hindu then
C is Hindu and can marry validly with other Hindu under HMA.
Case
MAne!a "andhi #. ndira "andhi (AI!"#$%elhi$&#'
Appellant(Indira )andhi' married a man who was a *arsi born of a *arsi father. +here
is no allegation anywhere in any document ,led or submitted by -mt Mane.a
)andhi that -hri -an/ay )andhi was not a Hindu. Moreover, as rightly pointed out by
Mr. Anand, according to clause (b' of the e0planation to sub-section (!' of -ection &
of the Hindu -uccession Act, -hri -an/ay )andhi was a Hindu because one of his
parents, namely, the mother was without doubt a Hindu and he himself was brought
up as a member of the family to which she belonged. He never underwent 1av/ot
ceremony to christen him a *arsi.
$hether if %ather and child brou&ht up as Hindu constitutes H'%
Commissioner of Wealth Tax, Madras and Ors. v. Late R. Sridharan by L.Rs. (1976)4SCC489
2hether 1icolas -undaran is a Hindu governed by Hindu law3
4ate . -ridharan along with his father and brothers constituted a
Hindu undivided family governed by Mita.shara law. 5n 6une &#,
!"7&, while he was still unmarried, a partition too. place between
him, his brothers and his father. As a result of this partition, a
bloc. of shares in +.8. -undaram Iyengar and -ons *rivate 4imited
and three other limited companies fell to his share. 5n 6une !$,
!"79, -ridharan married osa Maria -teinbchler, a Christian
woman of Austrian descent, under the -pecial Marriage Act, !"7$.
:ven after his marriage, he did not renounce Hinduism but
continued to profess that religion.5n 1ovember &", !"7;, a son
named 1icolas -undaram was born out of this wedloc.. In the
assessment proceedings in respect of income ta0 and wealth ta0
for the assessment years !"7"-9<, !"9<-9! and !"9!-9& and in
the assessment proceedings under the :0penditure +a0 Act for
the year !"9!-9&, he claimed to be assessed in the status of a
member of Hindu undivided family consisting of himself and his
son, 1icolas -undaram, contending that the property held by him
was ancestral and 1icolas -undaram was a Hindu. -ridharan is a
Hindu by birth and was lawfully married to osa Maria -teinbchler.
Having been begotten out of the aforesaid valid and lawful
wedloc., 1icolas -undaram is a legitimate child and lineal
descendant of -ridharan. +here is no material on the record to
show that 1icolas -undaram was not brought up as a Hindu or
that he did not conform to the habits and usages of Hinduism or
that he was not recognised as a Hindu by the society surrounding
him or that he became a convert to another faith. -ridharan has
also une=uivocally ac.nowledged and e0pressly declared that he
and his son, 1icolas -undaram formed a Hindu undivided family.
1or does it e>ect, as observed by the High Court, the discretion vested in a Hindu
assessee to treat his properties as /oint family properties by ta.ing into his fold his
Hindu sons so as to constitute /oint family properties.