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Section 28A – The Hindu Marriage Act,1955

The Hindu Marriage Act,1955

 

 

28A. Enforcement of decrees and orders. —

 

1[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 exercise of its original civil jurisdiction for the time being are enforced.]

 

COMMENTS

 

Enforcement of decree

In the context of the prevailing circumstances, the payment of interim alimony and litigation expenses, pendente lite to a spouse, who is financially weaker than the other, with a view to enable him or her to conduct the proceedings in a matrimonial cause and secure speedy justice, should be regarded as a sine qua non of justice and the argument that resort to execution proceedings can be had against the defaulting spouse or that other proceedings can be taken cannot be countenanced, especially when enforcement of such orders otherwise than by execution is neither prohibited nor excluded by section 28A of the Act. It was held that when there is deliberate default on the part of respondent husband to pay the maintenance and litigation expenses to the wife, his defence of divorce should be struck down; C.S. Mangalam v . Velayudhan Asari, AIR 1993 Ker 181.

 

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1. Subs. by Act 68 of 1976, sec. 19, for section 28 (w.e.f. 27-5-1976).

 

 

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Hindu Marriage Act 1955

 

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