Synopsis
- Bare Act: The exact text of Section 28A as per the Hindu Marriage Act.
- Introduction: Brief overview of the Hindu Marriage Act and the role of Section 28A.
- Meaning/Definition/Explanation: Explanation of what Section 28A means in simple terms.
- Interpretation: How courts understand and apply Section 28A, with reference to judicial views.
- Types/Classifications: Not applicable, as Section 28A does not involve categories.
- Case Law: Relevant judicial cases that clarify the application of Section 28A.
- Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
- Questions to Think About: Reflective questions to deepen understanding.
Bare Act
Section 28A. Enforcement of decrees and orders.— All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in force.
Introduction
The Hindu Marriage Act, 1955, is a law that governs marriages among Hindus in India. It covers everything from how marriages are conducted to rules about divorce, maintenance, and more. The important part of this law is Section 28A, which talks about how court orders and decrees under this Act are enforced.
Whenever a husband or wife gets a court order under the Hindu Marriage Act—like divorce, alimony (maintenance), or custody—it is not enough that the court gives the order. It must also be followed or enforced. Section 28A makes sure that these orders and decrees are treated just like any other civil court decision, which means people can use regular civil enforcement methods to get them implemented.
Meaning / Definition / Explanation
Let us break this into simple words:
- Decree or order means the final decision or judgment of the court.
- Proceeding under this Act includes cases for divorce, judicial separation, restitution of conjugal rights, annulment, custody, alimony, etc.
- Enforced in the like manner means using the same process that is used for enforcing regular civil court judgments.
So, if a court has passed a maintenance order, and the husband is not paying, the wife can go to court and ask for execution of the decree just like in other civil cases. She can request attachment of property or arrest, depending on what is allowed under civil law.
Interpretation
The courts have interpreted Section 28A to mean that no special procedure is required to enforce orders of the Hindu Marriage Act. You just have to follow the normal course of enforcement under the Code of Civil Procedure (CPC). This means if someone ignores a court’s order (say, not paying maintenance), the court can take steps like seizing property or even issuing an arrest warrant, as allowed under the CPC.
This section was introduced by the Marriage Laws (Amendment) Act, 1976 to remove any confusion. Before this, some people argued that there was no clear mechanism to enforce maintenance orders, restitution of conjugal rights, or other marital reliefs.
Judicial opinions emphasize that this section ensures fairness and compliance. For instance, the Supreme Court has said that family court orders must be enforced strictly to protect the rights of parties, especially in cases of maintenance or child custody. The legislative intent behind Section 28A is to avoid delays and ensure that people respect court decisions, so justice is not just promised but delivered.
Types / Classifications
Section 28A does not have specific types or classifications because it’s a procedural provision. It applies uniformly to all decrees and orders under the Hindu Marriage Act, such as:
- Divorce decrees.
- Orders for maintenance or alimony.
- Child custody orders.
- Restitution of conjugal rights orders.
There’s no need to categorize it further, as it’s a straightforward rule about enforcement.
Case Law
Here are two important cases that help explain how Section 28A works:
- Savitri Pandey v. Prem Chandra Pandey (2002):
- What happened: The court ordered maintenance for the wife, but the husband refused to pay. The wife sought enforcement under Section 28A.
- Court’s view: The Supreme Court said that maintenance orders under the Hindu Marriage Act are enforceable like any civil court decree. The court used powers under the CPC to ensure the husband complied, showing how Section 28A works in real life.
- Kusum Lata v. State of Uttar Pradesh (2019):
- What happened: A family court passed a divorce decree, but one party challenged its enforcement, arguing it wasn’t clear how it should be carried out.
- Court’s view: The court clarified that Section 28A ensures all orders under the Act, including divorce decrees, are enforceable as per CPC rules. This case highlighted that Section 28A prevents delays in justice.
Multiple Choice Questions (for All India Bar Exam Preparation)
- What does Section 28A of the Hindu Marriage Act deal with?
- A) Grounds for divorce
- B) Enforcement of decrees and orders
- C) Conditions for a valid marriage
- D) Maintenance calculation
- Answer: B) Enforcement of decrees and orders
- Under Section 28A, how are court orders enforced?
- A) As per the Indian Penal Code
- B) As per the Code of Civil Procedure
- C) As per the Indian Contract Act
- D) As per the Family Courts Act only
- Answer: B) As per the Code of Civil Procedure
- Which of the following can be enforced under Section 28A?
- A) Divorce decree
- B) Maintenance order
- C) Child custody order
- D) All of the above
- Answer: D) All of the above
- In which case did the Supreme Court emphasize strict enforcement of maintenance orders under Section 28A?
- A) Kusum Lata v. State of Uttar Pradesh
- B) Savitri Pandey v. Prem Chandra Pandey
- C) Shah Bano v. Mohd. Ahmed Khan
- D) None of the above
- Answer: B) Savitri Pandey v. Prem Chandra Pandey
- Section 28A was added by which Amendment Act?
- A) Amendment Act of 1956
- B) Amendment Act of 2001
- C) Marriage Laws (Amendment) Act, 1976
- D) Hindu Laws (Amendment) Act, 1982
- Answer: C) Marriage Laws (Amendment) Act, 1976
Questions to Think About
- Why do you think Section 28A is important for ensuring justice in family disputes?
- What might happen if court orders under the Hindu Marriage Act were not enforceable like other civil court orders?
- How does Section 28A protect the rights of weaker parties, like wives or children, in family cases?
- Can you think of a situation where someone might try to avoid following a court order? How would Section 28A help?
- Can police be involved in enforcing these orders under civil law?