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

Hindus have traditionally viewed marriage as a deeply spiritual and divine right. It has long been a topic of Dharmashastra. Making a law out of Shastra in respect to marriage was necessary at this time since all aspects of religious law were being codified. Hindu Marriage Act of 1955 prohibited polygamy (having more than one wife), which was a belief held by some Hindus. The HMA Act has also made a number of other modifications to the traditional Hindu marriage rituals. The Hindu culture is widely recognized for its numerous wedding customs. The final act required for marriage is considered to be Saat Pheras (officially referred to as Saptapadi or circles around the holy fire).

Hindu marriages are governed by an act also referred to as the HMA Act. It stipulates conditions that confirm, invalidate, dissolve, or reconcile married couples. Additionally, it offers details on the courts that legitimately handle cases involving the HMA of 1955.

Features of Hindu Marriage Laws:

The Hindu Marriage Act of 1955 covers Hindus who are Hindus by birth or conversion. Buddhist, Jain, and Sikh people are also included in the HMA Act's definition of Hindu. Under the Hindu Marriage Act of 1955, customs and long-standing usages (Reeti-Riwaz) are respected. Hindus require the practice of Saptapadi, or the actions the bride and groom must do before the sacred fire, in order to consummate their union. Marriage ceremonies are nevertheless accepted and governed by customs. The HMA Act was the only law that introduced divorce to Hindus. Divorce can be taken where the parties reside or where one of the parties resides. If a couple resides in Ghaziabad then Divorce Lawyers In Ghaziabad can be appointed. If the divorce proceedings are conducted in Gurgaon then Divorce Lawyers In Gurgaon can be appointed. Likewise, if any one of the party resides in Faridabad then Divorce Lawyers In Faridabad can be appointed.

Hindu marriages must be registered in accordance with the rules that apply in each state. However, a lack of a formal document does not render a marriage unlawful or illegal. Hindu marriage and divorce cases in India are handled according to process. The courts of the territorial jurisdiction (city/town) where the marriage was celebrated, where one of the parties resides, or where the husband and wife last shared housing will hear cases under the Act. The HMA Act, unlike any other matrimonial laws in India, also includes a provision for the restoration of conjugal rights (RCR). Therefore, if one spouse deserts the other without a good reason, the other spouse may ask the court to end the separation and bring the spouse back.

If a marriage is the result of bigamy, sapinda, or another forbidden relationship, it is void (legally invalid from the start). In the family tree of the mother, there are 3 generations, while there are 5 generations in the family tree of the father. For instance, X is a girl and Y is a boy; they are Sapindas to each other and are hence forbidden from getting married.) Some relationships fall under the category of forbidden relations, which forbids them from getting married. Brother and sister, the brother's wife, an uncle and a niece are a few examples. Full blood, half blood, and relationships formed via adoption are among them.

Section 4:

This section renders useless all existing laws, whether in the form of enactments or other forms of legislation, that are in conflict with the provisions of the Hindu Marriage Act with regard to any of the issues covered by the said Act. Section 1 of the Act of 1856 has effectively been repealed, which is the inevitable implication of Section 4 of the Hindu Marriage Act. However, an explicit repeal of the clause is preferred.

According to Section 4 of the Hindu Marriage Act of 1955, which reads as follows: Except as otherwise expressly provided in this Act, (a) any text, rule, or interpretation Hindu law, or any custom or usage considered a component of that law that was in effect before to the implementation of this Act, shall cease to be applicable with respect to any matter for which this Act makes provision; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it conflicts with any of the rules set out in this Act.  This section gives an overriding effect.

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