top of page
Search
Writer's picturethelila500
Oct 13, 20223 min read

WHAT IS SECTION 4 OF HINDU MARRIAGE ACT AND WHAT DOES IT MEAN?

The Act of 1955 shall be applied to any person who is a Hindu, Buddhist, Sikh, or Jain by religion, or to any person who is not a Muslim, Christian, Parsi, or Jew.


The Hindu Marriage Act of 1955's Section 4 supersedes all other provisions. It provides that all the laws which are inconsistent with the Act, whether in the form of ancient texts, customs or legislative enactments would be repealed.


However, the provision of Section would not affect the-

  • A customary practice of marriage between the persons within the degrees of prohibited relationship provided under Section 5

  • A customary practice of permitting the marriage between sapindas.

  • The right which allows the termination of a Hindu marriage recognised by the customer is conferred by a special enactment provided under Section 29.

  • Any proceeding which has been pending for the termination of marriage or judicial separation as provided under Section 29.

  • A marriage between Hindus, which has been solemnised under the provisions of the Special Marriage Act, 1954. It provides for the Court Marriage In Agra or your own city. A simple procedure for the Court Marriage In Jamshedpur as well as the rest of the country has been provided, which could be easier if you seek the assistance of an experienced advocate.

If the Act has retrospective effects-

It has been a well-established rule of interpretation that a statute which provides for the substantive law cannot be implemented by having a retrospective effect, unless it has been expressly termed.

It is a general rule, that if a statute has been passed by altering an already existing law, it has to be presumed that the law shall be applied to all the cases which would be filed after the law has been filed. Also, Section 4 and other sections of the Act indicate that the legislature had no intention of the Act to have any retrospective effect.


Conditions for a valid marriage as provided by the Act-

  • The parties shall not have a spouse living at the time of marriage. As provided under Section 5, Hindu Marriage Act validates a monogamous marriage. If the condition of monogamy is not fulfilled, such a marriage shall be null and void since the very beginning as provided under Section 11 of the Act.

  • The parties shall be of sound mind. Thus, as is provided under Section 5 of the Act, the parties to the marriage shall not have unsound mind; or is incapacitated by a mental disorder, impotency or is unfit for entering marital relations; or either party suffers from an insane attack. Such a marriage shall be voidable under Section 12 of the Act.

  • The parties should have attained the legal age for marriage.

  • The parties should not be within the degrees prohibited relationship or be sapindas (share a common lineal descendant in their parent’s ancestry) of each other.

Conclusion-

The Section 4 of the Act provides for the overriding effect of the Act. All the conditions necessary for the marriage as are provided for marriage under Section 5 shall be fulfilled, however, if the customary practices allow for some of the conditions restricted under the Act, then as provided under the Section 4 of the Act, such practices could be allowed. For example, in some sections of the Hindu community, marriage between sapindas is allowed, here the condition under Section of restriction of marriage between the Sapindas would not be allowed.


Also, for the Procedures Of Court Marriage In Jamshedpur, it is advised to seek the assistance of an experienced advocate, as even under the Special Marriage Act, governing the procedure for court marriage, exceptions to the conditions for marriages are provided, thus, it shall be helpful to have the assistance of a professional.

In case, you are not able to understand the provisions of the Act, or are facing a legal suit related to family law, you may contact us at Lead India, as we could provide you with proper legal assistance for the same.


Call Us: - +91-8800788535

1 view0 comments

Comments

Post: Blog2_Post
bottom of page