Section 4 HMA: Overriding effect of Act

Hindu Marriage Act, 1955

Section 4 HMA at a Glance

Section 4 HMA gives the Hindu Marriage Act, 1955 overriding force over earlier rules and laws, unless the Act itself expressly provides otherwise. Older Hindu law texts, customs, and inconsistent earlier laws cease to apply where the Act governs.

Section 4 HMA Bare Act Text

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.

Section 4 HMA in Simple Words

Section 4 HMA gives the Hindu Marriage Act, 1955 overriding effect over earlier Hindu law rules, customs, and other earlier laws. The opening words of Section 4 HMA make both of its clauses subject to one saving rule: "Save as otherwise expressly provided in this Act". Where a provision of the Hindu Marriage Act, 1955 expressly preserves a custom, usage, or rule, that saved rule continues to apply. For example, Section 5 HMA bars marriage within the degrees of prohibited relationship or between sapindas unless the custom or usage governing each party permits the marriage, with custom and usage defined in Section 3(a) HMA.

Under Section 4(a) HMA, any text, rule, or interpretation of Hindu law, and any custom or usage forming part of Hindu law, that was in force immediately before the commencement of the Act ceases to have effect on any matter for which the Act makes provision. Unless the Act expressly saves a custom or rule on that matter, the statutory rule in the Hindu Marriage Act, 1955 replaces the earlier Hindu law text, rule, interpretation, custom, or usage.

Under Section 4(b) HMA, any other law that was in force immediately before the commencement of the Act ceases to have effect to the extent that the earlier law is inconsistent with any provision of the Hindu Marriage Act, 1955. Unlike Section 4(a) HMA, which displaces pre-commencement Hindu law rules on every matter covered by the Act, Section 4(b) HMA displaces other pre-commencement laws only so far as an inconsistency exists with the Act.

When Section 4 HMA Applies

Express savings inside the Hindu Marriage Act, 1955 prevail first under the opening clause ('Save as otherwise expressly provided in this Act').
Any text, rule, or interpretation of Hindu law, or any custom or usage forming part of Hindu law, in force immediately before the commencement of the Act ceases to have effect on any matter for which the Act makes provision (Section 4(a) HMA).
Any other law in force immediately before the commencement of the Act ceases to have effect to the extent that it is inconsistent with any provision of the Act (Section 4(b) HMA).

Example of Section 4 HMA

Two Hindu families in Cuttack plan a marriage between Vikram, aged 20 years, and Meenakshi, aged 19 years. Both families rely on a community custom observed from before the commencement of the Hindu Marriage Act, 1955 that allowed bridegrooms in that community to marry at 19 years of age. Under Section 5 HMA, a bridegroom must have completed 21 years and a bride 18 years at the time of a Hindu marriage, and Section 5 HMA makes no express exception for custom on marriage age. Under Section 4(a) HMA, that earlier custom ceased to have effect because the Act makes provision for marriage age without expressly saving custom on that matter.

When Section 4 HMA Does Not Apply

Where another provision of the Hindu Marriage Act, 1955 expressly saves a rule, custom, or usage, such as Section 5 HMA allowing marriage within prohibited degrees or between sapindas when permitted by custom or usage governing each party.
Under Section 4(a) HMA, pre-commencement Hindu law texts, rules, interpretations, customs, or usages on matters for which the Hindu Marriage Act, 1955 makes no provision.
Under Section 4(b) HMA, parts of any other pre-commencement law that are consistent with the provisions of the Hindu Marriage Act, 1955.
Members of any Scheduled Tribe within clause (25) of Article 366 of the Constitution, to whom nothing in the Act applies unless the Central Government notifies otherwise in the Official Gazette (Section 2(2) HMA).

FAQs on Section 4 HMA

What is Section 4 HMA?▼

Section 4 HMA gives the Hindu Marriage Act, 1955 overriding effect over pre-commencement Hindu law texts, rules, interpretations, customs, usages, and inconsistent earlier laws. This overriding rule applies unless another provision of the Hindu Marriage Act, 1955 expressly provides otherwise.

Does Section 4 HMA abolish every Hindu marriage custom?▼

No. Section 4 HMA opens with the words "Save as otherwise expressly provided in this Act", so customs expressly saved by the Act continue to apply, provided those customs meet Section 3(a) HMA. For example, Section 5 HMA allows marriage within prohibited degrees or between sapindas if a custom or usage governing each party permits the marriage.

How does Section 4(a) HMA differ from Section 4(b) HMA?▼

Section 4(a) HMA deals with pre-commencement Hindu law texts, rules, interpretations, customs, and usages, which cease to have effect on any matter for which the Act makes provision. Section 4(b) HMA deals with any other pre-commencement law, which ceases to have effect only so far as that law is inconsistent with the Act.

Does an older Hindu custom apply on a matter covered by the Act if the Act does not save it?▼

No. Under Section 4(a) HMA, any custom or usage forming part of Hindu law in force immediately before the commencement of the Act ceases to have effect on any matter for which the Act makes provision, unless the Act expressly provides otherwise.

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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·