Overriding effect of Act
Section 4 of the Hindu Marriage Act, 1955 deals with 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; The Act came into force on 18 May 1955.
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, The Hindu Marriage Act, 1955 (Act 25 of 1955).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani
Court's Decision & Legal Precedent
The Hindu Marriage Act 1955, by its Preamble and Section 2, applies exclusively to marriages among Hindus. A marriage between a Hindu and a person professing a different faith such as Christianity cannot be solemnized as a valid Hindu marriage under the Act. The conditions specified in Section 5 of the Act are mandatory, not optional - the word 'may' in opening words indicates that a marriage may be solemnized between 'any two Hindus' if conditions are fulfilled, meaning failure to fulfill conditions precludes a valid marriage. Where one party is not Hindu, a valid Hindu marriage cannot be solemnized under the Act. Registration of such a marriage under Section 8 does not validate a fundamentally void marriage.
On this section: To establish that Hindu Marriage Act provisions override prior Hindu law and custom, confirming its comprehensive scope for Hindu marriages
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Regarding the provisions of Section 29(2) of the Limitation Act, it was observed that the provisions of the Hindu Marriage Act do not exclude the operation of the provisions of Sections 4 to 24 of Limitation Act. They have been held to be applicable. Therefore, the time required for obtaining the copy of judgment has to be excluded, as provided in Section 12(2) of Limitation Act. The Court observed: "12. The Schedule in the Limitation Act does not provide for an appeal under the Hindu Marriage …
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… that the intent of the legislature was to take in proceedings before the original court by way of a petition as are contemplated in various provisions of the Hindu Marriage Act as for instance. Further we would notice that as was in fact correctly noticed by the Calcutta High Court in the judgment (supra), that in Sections 3, 4, 5, 12, 13, 29, 30 & 31 of the Limitation Act, the expression 'appeal' is expressly used. What is more apposite is in Section 29 itself, which is at the center of the controversy before us, Section 29(2) on the one hand, expressly uses the word 'appeal', whereas when it comes to Section 29(3), the legislature has …
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… learned Single Judge of this Court, whereby the appellant/defendant-wife's application being I.A.No.15976/2019 under Order VII Rule 11 CPC filed in CS(OS) No.444/2019 was dismissed. 2. Learned counsel for the appellant/defendant emphasises that the plaint filed by the plaintiff/husband is barred by law i.e. under Section 4 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Hindu Marriage Act') read with Sections 7 and 20 of Family Courts Act, 1984 (hereinafter referred to as the 'Family Courts Act'). The said sections are reproduced hereinbelow:- ―4: Overriding effect of Act— Save as otherwise expressly provided in …
Questions about Section 4
What have the courts held on Section 4 of the Hindu Marriage Act?
Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani (04 Dec 2008) is the leading judgment on this section among those set out below: To establish that Hindu Marriage Act provisions override prior Hindu law and custom, confirming its comprehensive scope for Hindu marriages.
How do I find court cases under Section 4 of the Hindu Marriage Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Hindu Marriage Act 4, section 4 Hindu Marriage Act, section 4 of the Hindu Marriage Act. People searching for it also type hms 4 channel transmitter. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani (04 Dec 2008).
When did Section 4 of the Hindu Marriage Act come into force?
Section 4 of the Hindu Marriage Act, cited as Hindu Marriage Act 4, came into force on 18 May 1955, having been enacted on 18 May 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Divorce913 words
- 3. Definitions499 words
- 23. Decree in proceedings465 words
- 12. Voidable marriages361 words
- 2. Application of Act302 words
- 14. No petition for divorce to be presented within one year of marriage290 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.