Section 3 and Section 4 of the Hindu Marriage Act 1955

Section 3 explains important expressions used throughout the Hindu Marriage Act, 1955. Section 4 gives the Act overriding effect over earlier Hindu law, customs, usages and other pre-existing laws to the extent stated in the section.

The Hindu Marriage Act, 1955 | Act No. 25 of 1955 | Enacted on 18 May 1955

Why these provisions matter: The definitions in Section 3 help determine how key concepts such as custom, sapinda relationship and prohibited relationship are understood under the Act. Section 4 explains the effect of the codified Act on earlier rules of Hindu law and inconsistent pre-existing law.

Section 3 - Definitions

Section 3 begins with the words "unless the context otherwise requires". This means the statutory definitions ordinarily govern the expressions used in the Act, subject to a context that requires a different reading.

3. Definitions. In this Act, unless the context otherwise requires,-

(a) "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:

Provided that the rule is certain and not unreasonable or opposed to public policy; and

Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

(b) "district court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;

(c) "full blood" and "half blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;

(d) "uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation. In clauses (c) and (d), "ancestor" includes the father and "ancestress" the mother;

(e) "prescribed" means prescribed by rules made under this Act;

(f)(i) "sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

(ii) two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

(g) "degrees of prohibited relationship" - two persons are said to be within the degrees of prohibited relationship-

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or

(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.

Explanation. For the purposes of clauses (f) and (g), relationship includes-

(i) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood;

and all terms of relationship in those clauses shall be construed accordingly.

Meaning of the key definitions in Section 3

Custom and usageA practice does not become a legally recognized custom merely because it is followed. Section 3 requires long, continuous and uniform observance, certainty, reasonableness and consistency with public policy. A family custom must also remain undiscontinued.

District courtThe expression identifies the civil court having jurisdiction for matters under the Act, including another civil court specifically notified by the State Government for such matters.

Sapinda relationshipThe statutory limit is counted upward from the person concerned as the first generation: up to the third generation through the mother and the fifth generation through the father.

Prohibited relationshipThe definition covers specified close lineal and family relationships. The explanation makes clear that full, half and uterine blood, illegitimate as well as legitimate relationship, and adoption are included for clauses (f) and (g).

Connection with Section 5: The definitions of "sapinda relationship" and "degrees of prohibited relationship" are important when applying the conditions for a Hindu marriage under Section 5 of the Hindu Marriage Act, including the statutory exceptions based on applicable custom or usage.

Section 4 - Overriding effect of Act

Section 4 is the overriding provision of the Hindu Marriage Act. Subject to anything expressly provided otherwise in the Act, it states what happens to earlier Hindu law, custom, usage and other pre-existing law when the Act makes provision on the same matter.

4. 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;

(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.

How Section 4 operates

Clause (a) gives priority to the codified provisions of the Hindu Marriage Act on matters for which the Act itself makes provision. Earlier texts, rules, interpretations, customs or usages forming part of Hindu law cease to operate on those matters, except where the Act expressly preserves or recognizes them.

Clause (b) addresses other laws that were already in force immediately before the Act commenced. Such a law ceases to have effect only to the extent that it is inconsistent with the Hindu Marriage Act. The words "in so far as" are important because the clause targets the inconsistency rather than automatically displacing every part of an earlier law.

The opening words, "Save as otherwise expressly provided in this Act", are equally important. The Act itself may expressly preserve a role for custom in particular provisions. For example, the marriage conditions in Section 5 recognize specified customary exceptions relating to prohibited relationships and sapinda relationships.

Official text and legal reference

For the official Central Government text, amendments and Act details, refer to India Code maintained by the Legislative Department, Ministry of Law and Justice.

View Hindu Marriage Act 1955 on India Code

Legal note: This page is intended as a general statutory reference. Application of the Act can depend on the facts, the applicable custom, territorial and jurisdictional rules, amendments and binding judicial decisions.