Synopsis
- Bare Act: The exact text of Section 4 for reference.
- Introduction: Brief overview of the Hindu Marriage Act and the role of Section 4.
- Meaning/Definition/Explanation: Explanation of the overriding effect of the Act in simple terms.
- Interpretation: How courts and legal experts interpret Section 4.
- Types/Classifications: Not directly applicable, but discussion on areas impacted by Section 4.
- Case Law: Landmark judgments illustrating the application of Section 4.
- Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
- Questions to Think About: Reflective questions to deepen understanding.
Bare Act
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.
Introduction
Before 1955, Hindu marriages were mostly governed by old customs, religious texts, and regional traditions. There were many variations and even contradictions in these rules. To bring uniformity, clarity and justice, the Parliament passed the Hindu Marriage Act, 1955. But then one question came up — what if older Hindu customs or religious laws clash with this new Act? That’s where Section 4 comes into the picture. It says that if anything in Hindu law or any custom goes against the provisions of this Act, that old rule will not apply anymore.
Meaning / Definition / Explanation
Section 4 of the Hindu Marriage Act gives the Act supreme power (called overriding effect) over all older Hindu customs, rules, texts, or even other laws if there is a conflict. Let’s break it down:
- Clause (a): If there was a custom or traditional Hindu law followed before 1955 that says something different from this Act, then that old custom stops applying.
- Clause (b): If there is any other law (even a general Indian law) that goes against this Act, then that part of the other law will not apply.
This ensures that only the Hindu Marriage Act applies in all marriage-related matters for Hindus, and nothing else can contradict it.
Interpretation
Legal interpretation of Section 4 shows that the intention of the legislature was to:
- Remove confusion created by multiple customs and rules;
- Give legal certainty to people by applying one law for all Hindus;
- Stop misuse of old customs that were unfair or unclear.
Courts have regularly held that customs can’t override statutory law. That means even if a community has a very old tradition, if it clashes with the Hindu Marriage Act, the Act will win. For example:
- If a Hindu custom allowed child marriage, but the Act sets the legal age as 18 for girls and 21 for boys — the custom becomes invalid.
- If any other Indian law says something different about Hindu marriages and it’s inconsistent with this Act, that other law will not apply to Hindus.
Types / Classifications
Section 4 doesn’t have specific “types” or categories, but it impacts various areas of Hindu law. Here’s how it applies:
- Marriage Rules: Customs allowing polygamy or child marriage are void if they conflict with the Act.
- Divorce: Old customs that didn’t allow divorce are overridden by the Act’s provisions for divorce.
- Maintenance and Succession: Any pre-1955 laws or customs about maintenance or inheritance that clash with the Act are invalid.
- Ceremonies: Traditional marriage ceremonies are valid only if they align with Section 7 of the Act.
In short, Section 4 affects any matter the Act covers, ensuring old laws don’t create confusion.
Case Law
Let’s look at some real-life court cases to see Section 4 in action:
- Yamanaji H. Jadhav v. Nirmala (2002): The Supreme Court ruled that a custom allowing divorce without court intervention was invalid because the Hindu Marriage Act (under Section 13) lays down specific grounds for divorce. Section 4 made the Act’s rules override the custom.
- Srinivas v. Krishnaswami (1957): The Madras High Court held that a pre-1955 custom permitting a man to marry his niece was void since the Act prohibits such marriages under its sapinda relationship rules. Section 4 ensured the Act’s supremacy.
- Krishna Singh v. Mathura Ahir (1980): The court clarified that any Hindu law or custom inconsistent with the Act (like denying maintenance to a wife) is no longer valid, thanks to Section 4.
- Gullipilli Sowria Raj v. Bandaru Pavani (2009) 1 SCC 714: A Hindu woman married a Christian man under Hindu customs. The court said that Hindu marriage laws apply only to Hindus, and old customs or personal interpretations can’t override that.
- Gurdit Singh v. Munsha Singh (1966 AIR 105): The case discussed whether a particular custom could override the Act. The court clarified that customs cannot override the express provisions of the Act due to Section 4.
- Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988 AIR 644): A second wife is not legally recognized if the first marriage is still valid. Even if a custom allows such a practice, it is not acceptable under the Act.
These cases show how Section 4 acts like a shield, protecting the Act’s rules from being challenged by outdated traditions.
Multiple Choice Questions (for All India Bar Exam Preparation)
- What is the primary purpose of Section 4 of the Hindu Marriage Act, 1955?
a) To define marriage ceremonies
b) To give overriding effect to the Act over prior laws and customs
c) To list grounds for divorce
d) To regulate maintenance payments
Answer: b) To give overriding effect to the Act over prior laws and customs - Which of the following is NOT affected by Section 4?
a) Pre-1955 Hindu customs
b) Laws inconsistent with the Act
c) Provisions expressly allowed by the Act
d) Post-1955 amendments to other laws
Answer: c) Provisions expressly allowed by the Act - If a custom allows polygamy, but the Hindu Marriage Act prohibits it, what happens?
a) The custom prevails
b) The Act prevails due to Section 4
c) Both are valid
d) The court decides case by case
Answer: b) The Act prevails due to Section 4 - What does “save as otherwise expressly provided” in Section 4 mean?
a) The Act has no exceptions
b) The Act allows exceptions if explicitly stated
c) Customs always override the Act
d) Other laws are always valid
Answer: b) The Act allows exceptions if explicitly stated - Section 4(b) applies to:
a) Only religious texts
b) Only Hindu customs
c) All inconsistent laws in force before the Act
d) None of the above
Answer: c) All inconsistent laws in force before the Act - What happens to customs that were valid before 1955 but are inconsistent with the Act?
a) They continue to apply
b) They become invalid
c) They require court permission
d) They are valid only in villages
Answer: b) They become invalid - Section 4 of the Hindu Marriage Act gives:
a) Power to High Courts
b) Power to dissolve marriage
c) Supremacy to this Act over customs
d) Power to make rules
Answer: c) Supremacy to this Act over customs
Questions to Think About
- Why do you think it was necessary to override old customs with the Hindu Marriage Act?
- Can you think of a situation where an old custom might still be valid under the Act? Hint: Look at the phrase “save as otherwise expressly provided.”
- How does Section 4 balance tradition and progress in the context of Hindu marriages?
- What could happen if Section 4 didn’t exist? Would courts struggle to decide cases?
- How does Section 4 help in creating equality, especially for women?
- Can you think of a tradition in your community that may be inconsistent with modern laws?