Section 28: Appeals from decrees and orders

Section 28(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.

Section 28(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.

There shall be no appeal under this section on the subject of costs only.

Section 28(4)

Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.

Explained:

Section 28 of the Hindu Marriage Act, 1955 deals with appeals against decrees and certain orders passed by courts in matrimonial proceedings. It provides an important legal remedy for individuals who believe that a decision in their matrimonial case requires review by a higher court.

Understanding Section 28 of the Hindu Marriage Act

Under Section 28(1), decrees passed in proceedings under the Act are generally appealable before the court that ordinarily hears appeals from decisions of the original civil court. This provision may apply to decrees concerning divorce, judicial separation, and other matrimonial matters, subject to the applicable law.

Section 28(2) specifically permits appeals against non-interim orders passed under Sections 25 and 26, which deal with permanent alimony and maintenance, and the custody, maintenance and education of children, respectively.

However, Section 28(3) makes it clear that an appeal cannot be filed solely against an order relating to costs. Under Section 28(4), the prescribed period for filing an appeal is 90 days from the date of the decree or order. Other applicable procedural requirements and limitation rules must also be considered.

Important Judgments on Section 28

1. N. Rajendran v. S. Valli (2022)

The Supreme Court considered issues concerning the limitation period for an appeal in matrimonial proceedings and the relationship between Section 28 of the Hindu Marriage Act and Section 19 of the Family Courts Act, 1984. The case highlights the importance of identifying the correct appellate provision and limitation period before filing an appeal.

2. P.S. Mohana Srinivasan v. Girija (1980)

The Madras High Court discussed the scope of Section 28 and the appealability of decrees and orders passed in proceedings under the Act. The decision is relevant when examining the nature and scope of appellate remedies in matrimonial disputes.

Conclusion

Section 28 of the Hindu Marriage Act, 1955, protects the right to challenge eligible matrimonial decrees and orders before the appropriate appellate court. Anyone considering an appeal should carefully examine the nature of the order, the applicable limitation period and the relevant procedural law to avoid losing an available legal remedy.