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Writer's picturelead india
Jul 7, 20233 min read

Appeal Under Section 28 Of The Hindu Marriage Act?

The Hindu Marriage Act was approved by the Indian Parliament on May 18, 1955. The Hindu Succession Act, 1956; the Minority and Guardianship Act, 1956; and the Hindu Adoptions and Maintenance Act, 1956 were also enacted at this time as part of the Hindu Code Bills. In order to safeguard the legal rights of Hindu brides and grooms who have been united by the sacred tie of marriage, the Hindu Marriage Act of 1955 was put into action. The type of ceremony that must take place has not been specified by law, as there are various methods by which a man and woman can solemnize their marriage as per Hindu tradition.


Essential features of the Hindu Marriage Act, 1955

  1. Forbidding bigamy: The law, as per the Act of 1954, forbids a man from having more than one wife at the same time. Section 5 of the Act specifies that it is illegal to have two living wives at once, which is called as bigamy. It means that one cannot get married to a person without first divorcing their spouse. If he does marry someone else while already married, it is unlawful, and he shall be penalized under Sections 494 and 495 of the Indian Penal Code, 1860.

  2. Marriageable age prescribed: The time frame for getting married is set forth under the Act of 1955. As per Section 5 (iii) of the Hindu Marriage Act of 1955, the bridegroom is required to be at least 21 years old, and the bride shall be 18 years old or older when they get married. If a marriage is not carried out as per the above rule, it is void and has no legal standing.

  3. The Act of 1955 intends to protect the marriage of the parties: The clause of restitution of conjugal rights is provided under Section 9 of the Act of 1955. Restitution of conjugal rights could be understood as the right to remain together. Conjugal rights could be defined as rights deriving from a marital tie. The basic principle of Section 9 is that the spouse has a right to cohabitate in order to protect their relationship and uphold the marriage's integrity.

  4. Focus on the mental stability of couple getting married. A person's marriage is null and void if they were mentally incompetent at the time of their wedding. An individual must provide legally binding consent before getting married. The prerequisites for a Hindu marriage related to mental health and capacity are provided under Section 5(ii)(a), (b), and (c).

  5. Significance of ceremonies involved in marriage: The law provided that when two people get married as per the customary rituals and rights, their marriage shall be lawful. The father shall take care of and safeguard any children born after marriage, as they are legally entitled to exist.

Section 28 of the HMA

  1. All judgments rendered by the court in any proceeding under the Act of 1955 will be subject to the rules outlined in subsection (3) and will be appealable as judgments rendered by the court in the course of its original civil jurisdiction. Such an appeal will be made to the court to which appeals from judgments rendered by the court in the course of its original civil jurisdiction are typically made.

  2. Orders made by the court under any proceeding under Section 25 or Section 26 of this Act shall be subjected to the provisions of sub-section (3), will be appealable in case they are not interim orders, and every such appeal will lie to the court where appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.

  3. No appeal shall be made under this section based on the subject of costs only.

  4. An appeal under this section will be preferred within a period of ninety days from the date the decree or order has been passed.

In order to understand the law in a better light or if you wish to file an appeal under Section 28 of the Act, you are advised to seek the legal opinion of an experienced lawyer around you.


Lead India offers you a team of experienced advocates who have been successfully handling cases related to matters related to marriage, divorce, maintenance, etc. If, for example, you wish to apply for court marriage in mumbai or wish to understand the process of court marriage process Delhi, our team could assist you with the entire process, from providing you with the court marriage documents list to your presence in court on the date of the marriage. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.


Call Us: +91–8800788535

Email: care@leadindia.law


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