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What Is Section 4 of Hindu Marriage Act And What Does It Mean

  • Writer: lead India
    lead India
  • Jul 8, 2023
  • 3 min read

Hindu weddings in India are primarily governed by the Hindu Marriage Act of 1955. It lays down requirements that acknowledge, validate, or unify married couples. It also lists the legitimate courts that have jurisdiction over cases under the Hindu Marriage Act of 1955.

For the process of "marriage", this act provides a number of provisions and procedures.


Section 4 of the Hindu Marriage Act: Description


Section 4 of the Hindu Marriage Actstates that

Unless specifically stated otherwise in this Act,

  • With relation to any matter for which this Act makes provision, any text rule or interpretation of Hindu law, as well as any custom or practice considered to be part of that law, in existence immediately before the commencement of this Act, shall cease to have effect.

  • Any other legislation that was in existence immediately prior to the implementation of this Act shall be void to the extent that it conflicts with any of its provisions.

Section 4 of the Hindu Marriage Act: Provisions under the Act

The legal need for a lawful Hindu marriage is laid out in Section 4 of the Hindu Marriage Act of 1955. According to this provision, a Hindu marriage is only legal if the conditions listed below are satisfied. They are as follows:

  • Neither party should have a spouse still alive during the commencement of the marriage.

  • The Act's definition of prohibited relationships and the parties' connections do not overlap.

  • The parties should have gotten the consent of their corresponding guardians if they are minors or are at least 21 years old.

  • The partners can provide a legally binding agreement for the marriage because they are both of sound minds.

  • No relationship between the parties would make the marriage null and void under the Hindu Marriage Act.

  • The marriage should have the free and legal consent of the parties.

  • According to either party’s traditional rites or traditions, marriage is performed.

According to the Hindu Marriage Act of 1955, a marriage must fulfill certain requirements in order to be recognized as legal. Any of these requirements must be fulfilled for the marriage to be deemed valid and acknowledged by the law.


Section 4 of the Hindu Marriage Act: Overriding Effects under the Act

The Hindu Marriage Act of 1955is a law passed by the Indian Parliament to safeguard Hindus' right to marry. According to Section 4 of the Hindu Marriage Act of 1955, the provisions and rules established under the Act shall take precedence over any other laws currently in effect as well as any customs or usages that may be relevant to Hindus in regard to marriage.


It indicates that, in regard to marriage, the requirements of the Act shall take precedence over any other law, tradition, or usage that may be applicable to Hindus.


The purpose of this clause is to ensure that Hindus' rights in marriage-related matters are preserved and that any other law, custom, or usage that may apply to Hindus in marriage-related matters is superseded by the provisions of the Hindu Marriage Act.


The Hindu Marriage Act's overriding purpose is to ensure that Hindus' rights in marriage-related matters are preserved and that any other law, custom, or usage that may apply to Hindus in marriage-related matters is replaced by the Act's provisions.


The purpose of this clause is to protect Hindus' rights in marriage-related issues and to ensure that the Act's provisions take precedence over any other law, tradition, or usage that may be relevant to Hindus in marriage-related problems.


You will always need a lawyer to know more about the legality of Section 4 of the Hindu Marriage Act and its procedures. You must know the details regarding the legality of Section 4 for a valid marriage from lawyers in Jamshedpur for Court marriage in Jamshedpur.


If you also must know the details regarding the legality of Section 4 for a valid marriage from lawyers in Agra for Court marriage in Agra, Similarly, for Court marriage in Hyderabad, you must get the details regarding the legality of Section 4 for a valid marriage from lawyers in Hyderabad.


At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online to lawyers at Lead India.


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