Hindu Marriage Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 4 of Hindu Marriage Act: Overriding effect of Act
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Save as otherwise expressly provided in this Act,
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;
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.
Legal Commentary & Landmark Judgments: Section 4
Section 4 establishes the absolute overriding and preemptive effect of the Hindu Marriage Act, 1955, abrogating all inconsistent pre-existing texts, shastric interpretations, customs, and prior statutory enactments not expressly saved.
Abrogation of Inconsistent 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 Prior Legislation: Overrides any other law in force immediately before the commencement of this Act insofar as it is inconsistent with any of the provisions contained in the Act.
Complete Statutory Code: Constitutes the Hindu Marriage Act as an exhaustive codification of grounds for marriage, nullity, restitution, and divorce among Hindus.
Key Landmark Precedents:
Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451: The Supreme Court held that the Hindu Marriage Act is a complete code; foreign matrimonial judgments dissolving a Hindu marriage on grounds not recognized under the HMA (such as irretrievable breakdown) violate Section 13 CPC and are null and void in India by virtue of Section 4.
Seema v. Ashwani Kumar (2006) 2 SCC 578: The Supreme Court underscored the paramountcy of codified matrimonial law and directed all States to frame rules for compulsory registration of marriages to secure the rights of women and prevent fraudulent matrimonial abandonment.
Courtroom Practice & Strategic Litigation Guidance:
Rely on Section 4 whenever an opposing party sets up an uncodified religious text, archaic shastric disability, or unilateral customary divorce to bypass statutory divorce under Section 13. Unless a custom is explicitly saved by a statutory proviso, Section 4 sweeps away all contradictory ancient practices.
Legal Commentary & Landmark Judgments: Section 4
Section 4 establishes the absolute overriding and preemptive effect of the Hindu Marriage Act, 1955, abrogating all inconsistent pre-existing texts, shastric interpretations, customs, and prior statutory enactments not expressly saved.
Rely on Section 4 whenever an opposing party sets up an uncodified religious text, archaic shastric disability, or unilateral customary divorce to bypass statutory divorce under Section 13. Unless a custom is explicitly saved by a statutory proviso, Section 4 sweeps away all contradictory ancient practices.