Home  /  Hindu Adoptions & Maintenance  /  Section 4

Section 4: Overriding effect of Act

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 3 All 30 Sections of Hindu Adoptions & Maintenance Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 establishes the absolute overriding and preemptive authority of the Hindu Adoptions and Maintenance Act, 1956, abrogating all inconsistent pre-existing texts, shastric doctrines, customs, and prior statutes.

  • Abrogation of Prior Texts & Usages: Explicitly declares that any text, rule, or interpretation of Hindu law or any custom or usage in force immediately before the commencement of the Act ceases to have effect regarding any matter provided for in the Act.
  • Supremacy Over Inconsistent Enactments: Overrides any other law in force immediately before the commencement of this Act insofar as it is inconsistent with any provision of the Act.
  • Exhaustive Statutory Code: Constitutes the Act as an exhaustive code for Hindu adoptions and maintenance, sweeping away ancient shastric restrictions on female adoptions.
Key Landmark Precedents:
  • Surjit Kaur v. Garja Singh (1994) 1 SCC 407: The Supreme Court held that following the enactment of HAMA, adoption can only be effected in the manner prescribed by the statute; customary ceremonies or ancient texts cannot validate an adoption lacking statutory compliance.
  • M. Vanaja v. M. Sarla Devi (2020) 5 SCC 307: Reiterated that Section 4 wipes out all contrary shastric traditions; the requirements of capacity and ceremony under HAMA are absolute and non-negotiable.
Courtroom Practice & Strategic Litigation Guidance:

Invoke Section 4 whenever an opposing party relies on ancient texts (e.g., claiming a female cannot adopt or that an only son cannot be given in adoption). Under Section 4, all ancient shastric bans have been repealed and replaced by statutory equality.

Section 3 All 30 Sections of Hindu Adoptions & Maintenance Section 5