All decrees made by the court against proceedings subject to subsection (3) be appealable and the Defendant can file appeal in the appropriate court subject to the Provisions of Section 28 of the Hindu Marriage Act 1955.
Section 28 of The Hindu Marriage Act 1955- Appeals from
decrees and orders.
Section 28 (1) All decrees made by 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 every 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.
Section 28 (2) Orders made by the Court in any proceedings under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on
subject of costs only.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order
Section 28(A) - 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 enforced.
The Hindu Marriage Act (HMA) 1955
Section 2. Application of the Act
Section 3 and 4 of Hindu Marriage Act 1955
Section 5 Conditions for Hindu Marriage.
Section 6 and 7 of Hindu Marriage Act 1955
Section 8 Registration of Hindu Marriages
Section 9 Restitution of Conjugal Rights
Section 10 Judicial Separation
Section 11 Nullity of Marriage and Divorce- Void Marriages
Section 13A Alternate Relief in Divorce Proceedings
Section 13B Divorce by Mutual Consent
Section 14 No Petition for Divorce to be Presented within one year of Marriage
Section 15 Divorced Person, When may marry again
Section 16 Legitimacy of Children of Void and Voidable Marriages
Section 17 Punishment for Bigamy
Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act
Section 19 Court to which Petition shall be presented
Section 20 Contents and Verification of Petitions
Section 21 Application of Act 5 of 1908
Section 21A Power to transfer Petitions in Certain Cases
Section 21B Special Provision relating to trial and disposal of Petitions under the Act
Section 21C Documentary Evidence
Section 22 Proceedings to be recorded and may not be Printed or published
Section 23 Decree of Proceedings
Section 23A Relief for respondent in divorce and other proceedings
Section 24 Maintenance, Pendente lite and Expenses for Proceedings
Section 25 Permanent Alimony and Maintenance
Section 26 Custody of Children
Section 27 Disposal of Property
Section 28 Appeals from Decrees and Orders
Section 28A Enforcement of Decrees and Orders