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Section 28 Of Hindu Marriage Act Provides An Explanation

  • Writer: lead India
    lead India
  • Jul 7, 2023
  • 3 min read

Hindu marriage rituals have been modified over a long period of time in accordance with the necessities and conveniences of the populace. It concerns the bond between a husband and wife. Out of the 16 sacraments in Hinduism, this one is regarded as one of the most significant.


It is an unbreakable holy bond. It is a link that endures through death and rebirth; it is a relationship that exists from birth to birth. A guy isn't complete, according to the Vedas, unless he marries and spends time with his spouse.


Legal Provision:

Hindu Marriage Act of 1955, Section 28"

  1. All decisions made by the court in any proceeding under this Act are appealable as decisions made by the court in the exercise of its original civil jurisdiction, subject to the provisions of sub-section (3), 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. Subject to the provisions of subsection (3), orders made by the court in any proceeding brought under this Act under sections 25 or 26 shall be appealable if they are not interim orders, and every such appeal shall be brought before the court to which appeals ordinarily are brought from the decisions of the court made in the course of its original civil jurisdiction.

  3. There may not be an appeal based only on costs under this section.

  4. Within 90 days after the date of the decree or order, every appeal under this section must be filed.

Hindu Marriage Act of 1955, Section 28, Appeals from Decrees and Orders:

The guidelines for appealing judgments and decisions are outlined in Section 28 of the Hindu Marriage Act of 1955. According to this clause, anyone who is dissatisfied with a district court's judgment or order has the right to appeal to the High Court. The appeal must be filed within ninety days of the decree's or order's date.


If it sees fit, the High Court may extend the deadline for filing the appeal. If the appellant was prevented by sufficient cause from filing the appeal in time, the High Court may also, if it deems it appropriate, admit an appeal beyond the expiration of the aforementioned ninety-day limit.


The appellant may get a certificate from the High Court, if it sees fit, authorizing an appeal to the Supreme Court against any judgment or order of the High Court. The certificate must be requested within ninety days after the date of the High Court's judgment or order.


If it sees fit, the High Court may extend the deadline for submitting the certificate application. If the appellant was prevented by sufficient cause from filing the application in time, the High Court may also, if it deems it appropriate, admit an application for the certificate after the end of the stipulated period of ninety days.


Any decision or order of the High Court may be appealed, and the Supreme Court may grant exceptional leave to do so if it sees it proper. If the appellant was prohibited by sufficient cause from filing the appeal in time, the Supreme Court may also, in its discretion, admit an appeal after the aforementioned ninety-day term has passed.


Benefits of the Hindu Marriage Act of 1955, Section 28 for Appeals of Decrees and Orders:

The Hindu Marriage Act of 1955, Section 28, is particularly significant since it allows appeals of judicial decisions and orders. Both parties to a disagreement benefit from this section since it gives them the opportunity to appeal the court's decision if they believe it to be unfair or erroneous.


The appeals process is also advantageous since it enables parties to offer fresh arguments or information that the court might not have taken into account. When the court rules based on inaccurate or insufficient information, this can be advantageous. By appealing, parties can offer fresh proof or arguments that can result in a different decision.


If the couple lives in Faridabad, then a Court marriage in Faridabad may be done. If the couple lives in Delhi, then the Court marriage process in Delhi should be followed, and Court marriage in Delhi fees should be paid.


To address the issue, Lead India provides information, legal services, and free legal advice online. To get the best guidance in this circumstance, ask a legal question online and talk to a lawyer.


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