Section 28 HMA: Appeals from decrees and orders

Section 28 of Hindu Marriage Act: Appeals from decrees and orders

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

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.

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

Legal Commentary & Landmark Judgments: Section 28

Section 28 provides the statutory right of appeal against decrees and orders passed in matrimonial proceedings under the Hindu Marriage Act, setting a strict 90-day limitation period to balance appellate rights against finality.

Appeals Against Final Decrees: All decrees made by the court in any proceeding under the Act (restitution, judicial separation, nullity, divorce) are appealable as decrees of the civil court to the designated appellate court (High Court or District Court).
Appeals Against Interlocutory Orders: Orders made under Section 25 (permanent alimony) and Section 26 (child custody) are appealable; however, interim maintenance orders under Section 24 are interlocutory and non-appealable under Section 28(2).
Cost Bar: No appeal lies under Section 28 on the subject of costs only.
90-Day Limitation Period (Section 28(4)): Every appeal must be preferred within a period of ninety days from the date of the decree or order (enhanced from 30 days by the 2003 amendment).

Key Landmark Precedents:

G.V.N. Kameswara Rao v. G. Jabilli (2002) 2 SCC 296: The Supreme Court held that the High Court hearing a matrimonial appeal under Section 28 is a court of first appeal on facts and law, and must independently evaluate the evidence regarding mental cruelty rather than mechanically concurring with the trial court.
Ravi Kant v. Sunita Devi 1999 (49) DRJ 823 (Del DB): Held that orders passed under Section 24 granting interim maintenance are interlocutory in nature and not appealable under Section 28; the remedy is an Article 227 supervisory petition before the High Court.

Courtroom Practice & Strategic Litigation Guidance:

Calculate limitation under Section 28(4) strictly: the 90-day period begins on the date the decree is drawn up, with Section 12 Limitation Act exclusions applying for obtaining certified copies. Against adverse Section 24 interim maintenance orders, do not file an HMA appeal; file an Article 227 petition.

Section 28: Appeals from decrees and orders

Section 28 of Hindu Marriage Act: Appeals from decrees and orders

Legal Commentary & Landmark Judgments: Section 28