(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.

Explained:

Section 4 of the Hindu Marriage Act, 1955 establishes the overriding effect of the Act over pre-existing Hindu law, customs and inconsistent legal provisions concerning matters regulated by the legislation. It plays an important role in ensuring that Hindu marriages are governed by the statutory framework prescribed by Parliament.

Meaning and Legal Effect of Section 4

Section 4 contains two important clauses:

Clause (a): Any earlier text, rule, interpretation, custom or usage forming part of Hindu law ceases to have effect concerning matters for which the Hindu Marriage Act makes provision, unless the Act expressly provides otherwise.

Clause (b): Any other law in force before the commencement of the Act becomes inoperative to the extent that it conflicts with the provisions of the Hindu Marriage Act.

This provision marked an important development in the codification of Hindu personal law. However, it does not abolish every Hindu custom. Where the Act expressly recognises a custom, such as certain exceptions under Section 5 or customary ceremonies under Section 7, that recognition must be considered.

Important Judgments

1. Gullipilli Sowria Raj v. Bandaru Pavani (2008)

The Supreme Court held that a marriage between a Hindu and a person professing Christianity could not be treated as a valid Hindu marriage under the Hindu Marriage Act. The decision highlights the importance of the Act’s statutory requirements and applicability.

2. Sarla Mudgal v. Union of India (1995)

The Supreme Court held that conversion to Islam does not automatically dissolve an existing Hindu marriage. A second marriage during the subsistence of the first may attract legal consequences. The judgment illustrates the binding force of the statutory framework governing Hindu marriage.

3. Gopalakrishnan Nair v. R. Sarasamma (1979)

The Kerala High Court explained that Section 4(b) renders an earlier law inoperative to the extent that it is inconsistent with the Hindu Marriage Act.

Conclusion

Section 4 ensures that statutory provisions prevail over conflicting pre-existing Hindu law and inconsistent earlier legislation on matters covered by the Act. It is essential for understanding the legal framework governing Hindu marriage, customary practices and matrimonial disputes.