Hindu Marriage Act, 1955 | Section 4

Section 4 of Hindu Marriage Act 1955 - Overriding Effect of Act

Section 4 establishes the priority of the Hindu Marriage Act, 1955 over earlier Hindu law, customs and pre-existing laws to the extent that the Act regulates the matter or the earlier law conflicts with it. Express exceptions in the Act continue to apply.

Section 4 - Statutory provision

4. Overriding 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 have effect in so far as it is inconsistent with any of the provisions contained in this Act.

Source: Hindu Marriage Act, 1955 - official India Code PDF. See also the India Code Act record.

Meaning and legal effect of Section 4

Clause (a): Earlier Hindu law and customs

Clause (a) displaces pre-1955 texts, interpretations, customs and usages forming part of Hindu law on matters for which the Hindu Marriage Act makes provision. It does not say that every Hindu custom is abolished. Where the Act itself recognizes a custom, the statutory exception must be considered.

Clause (b): Earlier inconsistent legislation

Clause (b) addresses other laws already in force when the Act commenced. Such a law loses effect only to the extent of inconsistency with the Hindu Marriage Act. This is a rule of statutory priority, not a blanket repeal of every earlier enactment.

Meaning of the opening exception

The phrase "Save as otherwise expressly provided in this Act" means that an express provision of the Hindu Marriage Act preserving or recognizing a legal rule must be respected. Section 4 should therefore be read together with the other provisions of the Act.

When can a marriage custom still apply?

Section 3(a) defines "custom" and "usage" as rules continuously and uniformly observed for a long time that have acquired the force of law, subject to requirements including certainty, reasonableness and public policy. A family-only custom must not have been discontinued.

Section 5(iv) and (v) expressly recognize qualifying customs permitting marriage within prohibited degrees of relationship or within sapinda relationship. These are limited statutory exceptions; merely asserting that a practice is customary is insufficient to establish it.

Section 7 recognizes solemnization according to the customary rites and ceremonies of either party. Accordingly, Section 4 does not eliminate ceremonies that the Act itself allows.

Practical illustrations

Example 1 - Marriage conditions: A claimed pre-1955 practice cannot displace the statutory conditions of marriage in Section 5 unless the Act expressly provides an applicable exception.

Example 2 - Customary ceremony: Where a marriage is solemnized in accordance with customary rites permitted by Section 7, Section 4 does not automatically invalidate those rites.

Example 3 - Earlier conflicting rule: A rule of law predating the Act cannot govern a matter inconsistently with an applicable provision of the Act merely because it existed before 1955.

Section 2 identifies the persons to whom the Act applies. Section 3 supplies important definitions. Section 5 governs conditions for marriage; Section 7 concerns ceremonies; and Section 8 concerns registration.

Key point: Section 4 gives the codified Hindu Marriage Act priority within its statutory field while preserving exceptions expressly recognized by the Act. Whether a particular custom or prior law applies depends on the precise facts and relevant provisions.

Frequently asked questions

Does Section 4 abolish every Hindu marriage custom?

No. It displaces earlier customary law on matters governed by the Act, subject to express statutory exceptions such as those concerning certain relationships and customary marriage ceremonies.

What does "overriding effect" mean?

It means that an applicable provision of the Hindu Marriage Act prevails over earlier rules to the extent specified in clauses (a) and (b).

Does Section 4 itself determine whether a marriage is valid?

No. Validity requires examination of the Act as a whole, particularly its provisions on applicability, conditions, ceremonies and void or voidable marriages.

This article provides general legal information and is not a substitute for advice on individual facts. For the operative text and amendments, consult the official India Code publication.