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Report No. 81

2.4. Effect of section 4, Hindu Marriage Act.-

Indeed, it has been impliedly repealed by section 4 of the Hindu Marriage Act, 1955 which runs thus:-

"4. 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 apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act."

This section gives overriding application to the provisions of the Hindu Marriage Act and in respect of any of the matters dealt with in the said Act, it makes ineffective all existing laws whether in the shape of an enactment or otherwise which are inconsistent with the Act. The necessary implication of section 4 of the Hindu Marriage Act is that in effect section 1 of the Act of 1856 has been repealed. An express repeal of the provision is, however, desirable.



Hindu Widows Re-marriage Act, 1856 Back




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