Hindu Marriage Act Section 4: Overriding Effect of Act
Section 4 of the Hindu Marriage Act, 1955 deals with the overriding effect of the Act. It essentially states that the provisions of this Act will supersede any other law or custom related to Hindu marriage that existed before the commencement of this Act, with certain exceptions.
Code:
“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.”
Explanation:
This section essentially means that the Hindu Marriage Act is the paramount law governing Hindu marriages. It overrides any pre-existing customary laws or interpretations of Hindu law that conflict with its provisions.
Illustration:
For example, prior to the enactment of the Hindu Marriage Act, some communities practiced polygamy (having multiple wives). However, Section 5 of the Act states that marriages are monogamous. This provision overrides any customary practice of polygamy within the Hindu community, making it illegal.
Common Questions and Answers:
Q: Does this section mean that all Hindu customary practices related to marriage are invalid?
A: No. The section only overrides customs and laws that are inconsistent with the provisions of the Hindu Marriage Act. Customs that are compatible with the Act can still be followed.
Q: What happens if there is a conflict between a provision of the Act and a customary practice?
A: The provision of the Hindu Marriage Act will prevail over the customary practice.
Q: Does this section apply to all Hindus?
A: Yes, this section applies to all Hindus in India. However, certain communities may have specific personal laws that are not overridden by this Act.
