Section 28 of HMA : Section 28: Appeals From Decrees And Orders

HMA

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Explanation using Example

Imagine a couple, Ravi and Priya, who have filed for divorce under the Hindu Marriage Act, 1955. The family court grants the divorce decree, but Ravi is not satisfied with the division of property ordered by the court. As per Section 28(1) of the Act, Ravi has the right to appeal against the divorce decree to a higher court, assuming it is not an interim order and not solely regarding the subject of costs, as mentioned in subsections (2) and (3).

To proceed with the appeal, Ravi must file it within 90 days from the date of the original court's decree, adhering to subsection (4) of Section 28. If he files the appeal on time, the higher court will then review the family court's decision and make a judgment on the division of property.

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