Section 28 HMA: Appeals from decrees and orders
Hindu Marriage Act, 1955
Section 28 HMA at a Glance
Section 28 HMA makes all decrees under the Hindu Marriage Act and non-interim orders under Sections 25 and 26 HMA appealable within 90 days. No appeal lies under Section 28 HMA on the subject of costs only.
Section 28 HMA Bare Act Text
28. Appeals from decrees and orders.
(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.
Amendments to this section
- Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976).
- Subs. by Act 50 of 2003, s. 5, for "period of thirty days" (w.e.f. 23-12-2003).
Section 28 HMA in Simple Words
Section 28 HMA sets the rules for filing appeals against decrees and orders passed in proceedings under the Hindu Marriage Act, 1955. Under Section 28(1) HMA, every decree made by the court in any proceeding under the Act is appealable, subject to the bar on cost-only appeals in Section 28(3) HMA. The decree is treated for appeal purposes like a decree passed by that court in its original civil jurisdiction (its power to hear and decide civil suits in the first instance), and the appeal goes to the court to which civil appeals from that trial court ordinarily lie.
Section 28(2) HMA governs appeals from orders rather than decrees. Orders passed under Section 25 HMA (permanent alimony and maintenance) or Section 26 HMA (custody, maintenance and education of minor children) are appealable, subject to Section 28(3) HMA, only if those orders are not interim orders (temporary orders made while the proceeding is pending). Like decree appeals, these order appeals go to the court to which civil appeals from that trial court's original civil jurisdiction ordinarily lie.
Section 28(3) HMA bars any appeal under Section 28 HMA on the subject of costs only. A party cannot file an appeal solely to challenge who was ordered to pay litigation costs.
Under Section 28(4) HMA, every appeal under Section 28 HMA must be filed within 90 days from the date of the decree or order. Section 28 HMA was substituted by Act 68 of 1976 with effect from 27 May 1976 and amended by Act 50 of 2003 with effect from 23 December 2003.
When Section 28 HMA Applies
- The decision challenged is either a decree in any proceeding under the Hindu Marriage Act, 1955, or a non-interim order made under Section 25 HMA or Section 26 HMA.
- The appeal is not on the subject of costs only.
- The appeal is filed before the court to which appeals ordinarily lie from decisions of the trial court in its original civil jurisdiction.
- The appeal is preferred within 90 days from the date of the decree or order.
Example of Section 28 HMA
When Section 28 HMA Does Not Apply
- Appeals on the subject of costs only are barred under Section 28(3) HMA.
- Interim orders passed under Section 25 HMA or Section 26 HMA are not appealable under Section 28(2) HMA.
FAQs on Section 28 HMA
What is Section 28 HMA?▼
Section 28 HMA provides the right of appeal against all decrees passed under the Hindu Marriage Act, 1955 and against non-interim orders made under Section 25 HMA or Section 26 HMA. Every appeal under Section 28 HMA must be filed within 90 days and cannot be about costs only.
What is the time limit for filing an appeal under Section 28 HMA?▼
90 days. Under Section 28(4) HMA, every appeal under Section 28 HMA must be preferred within 90 days from the date of the decree or order.
Can an interim custody or maintenance order under Section 25 HMA or Section 26 HMA be appealed under Section 28 HMA?▼
No. Section 28(2) HMA permits appeals from orders under Section 25 HMA or Section 26 HMA only if those orders are not interim orders.
Can a spouse file an appeal under Section 28 HMA challenging only litigation costs?▼
No. Section 28(3) HMA explicitly bars any appeal under Section 28 HMA on the subject of costs only.
Which court hears an appeal under Section 28 HMA?▼
The regular civil appellate court for that trial court. Under Section 28(1) HMA and Section 28(2) HMA, the appeal lies to the court to which appeals ordinarily lie from decisions of the trial court in its original civil jurisdiction.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·