Hindu Marriage Act 1955
Section 28 :
Appeals from decrees and orders :
1.[(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 2.[period of ninety days] from the date of the decree or order.]
Transitory Provisions :
Section 6 of the Marriage Laws (Amendment) Act, 2003 provides as under:-
6. Transitory provisions :
All decrees and orders made by the Court in any proceedings under the Special Marriage Act or the Hindu marriage Act shall be governed under the provisions contained in section 3 or section 5,as the case may be, as if this Act came into operation at the ime of the institution of the suit;
Provided that nothing in this section shall apply to a decree or order in which the time for appealing has expired under the Special Marriage Act or the Hindu Marriage Act at the commencement of this Act.”
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1. Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976).
2. Subs. by Act 50 of 2003, s. 5, for period of thirty days (w.e.f. 23-12-2003).
