Section 4 of HMA : Section 4: Overriding Effect Of Act
HMA
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Explanation using Example
Imagine a Hindu couple, Ravi and Priya, who want to get divorced. According to an old Hindu custom in their community, a couple can only divorce if the elders in the community agree. However, with the enactment of The Hindu Marriage Act, 1955, this custom is no longer legally valid. Section 4 of the Act states that any old text, rule, or custom is overridden by this Act.
In this case, Ravi and Priya can seek a divorce under the provisions of The Hindu Marriage Act, 1955, without requiring the consent of their community elders, as the Act takes precedence over any previous custom or usage.
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