Report No. 59

Section 28, H.M.A.- Section 28 of the Hindu Marriage Act should, in so far as it relates to appeal, be revised1 as under, in the light of the above discussion2:-

"28. (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 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 (2), be appealable if they not interim orders, and 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.

(3) There shall be no appeal under this section on the subject of costs only.

(4) Every appeal under this section shall be instituted within a period of thirty days from the date of the decree or order".

1. Execution should be dealt with in separate section.

2. Para. 8.41.