Section 28A HMA: Enforcement of decrees and orders

Hindu Marriage Act, 1955

Section 28A HMA at a Glance

Section 28A HMA governs how courts enforce decrees and orders passed under the Hindu Marriage Act, 1955. Every decree or order is enforced in the same manner as one made in the court's original civil jurisdiction.

Section 28A HMA Bare Act Text

28A. Enforcement of decrees and orders.

All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being enforced.

Amendments to this section
  • Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976).

Section 28A HMA in Simple Words

Section 28A HMA sets the rule for enforcing decrees and orders passed by a court under the Hindu Marriage Act, 1955. It covers all decrees and all orders made by the court in any proceeding under the Act, including divorce proceedings under Section 13 HMA.

Under Section 28A HMA, the court enforces these decrees and orders in the same manner as decrees and orders made in the exercise of the court's original civil jurisdiction (the court's authority to hear and decide civil cases in the first instance) as enforced at that time. While Section 28 HMA addresses appeals from decrees and orders, Section 28A HMA addresses how decrees and orders are enforced.

Section 28A HMA was substituted by section 19 of Act 68 of 1976 with effect from 27 May 1976.

When Section 28A HMA Applies

  • A court has made a decree or an order.
  • The decree or order was made in a proceeding under the Hindu Marriage Act, 1955.
  • The court enforces the decree or order in the same manner as decrees and orders made in the court's original civil jurisdiction as enforced at the time.

Example of Section 28A HMA

Sudhir and Gurleen are a Hindu couple in Gaya involved in a proceeding under the Hindu Marriage Act, 1955. The court passes an order in that proceeding, and an application is filed before the court to enforce the order. A question arises whether the Hindu Marriage Act, 1955 sets up a separate procedure for enforcing orders passed under the Act. Under Section 28A HMA, the court enforces the order in the same manner as decrees and orders made by that court in the exercise of the court's original civil jurisdiction.

FAQs on Section 28A HMA

What is Section 28A HMA?▼

Section 28A HMA is the provision of the Hindu Marriage Act, 1955 that governs the enforcement of court decrees and orders passed under the Act. It provides that all such decrees and orders are enforced in the same manner as decrees and orders made in the court's original civil jurisdiction.

Does Section 28A HMA cover orders as well as decrees?▼

Yes. Section 28A HMA applies to all decrees and all orders made by the court in any proceeding under the Hindu Marriage Act, 1955.

How is a decree or order passed under the Hindu Marriage Act, 1955 enforced?▼

In the same manner as decrees and orders made in the court's original civil jurisdiction. Under Section 28A HMA, the court applies the enforcement manner in force at that time for the court's original civil jurisdiction.

Does Section 28A HMA apply to decrees and orders in divorce proceedings under Section 13 HMA?▼

Yes. Section 28A HMA covers all decrees and orders made by the court in any proceeding under the Hindu Marriage Act, 1955, which includes divorce proceedings under Section 13 HMA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·