Section 28A of the Hindu Marriage Act, 1955: Enforcement of Decrees and Orders
Updated: 21 October 2026
Section 28A provides that decrees and orders passed in proceedings under the Hindu Marriage Act, 1955 can be enforced in the same manner as decrees and orders made by a court exercising its original civil jurisdiction. It links matrimonial relief to the ordinary civil execution process.
Text of 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.
The above is a readability-normalized rendering of the provision; the official India Code PDF contains a typographical irregularity at its end. For authoritative wording, consult the Hindu Marriage Act, 1955 on India Code (official PDF).
Meaning and scope of Section 28A
Decree: a formal judicial determination of rights, such as a matrimonial decree granting divorce, judicial separation or other relief under the Act. Order: a court direction in a proceeding, including a direction concerning maintenance or children, where applicable.
Enforcement or execution: the legal process by which a court gives practical effect to an enforceable decree or order when voluntary compliance is absent. Section 28A does not itself prescribe a universal enforcement measure; the remedy depends on the nature of the direction and applicable procedural law.
How are matrimonial decrees and orders executed?
Where an enforceable direction is not obeyed, the successful party may seek execution before the competent court under the applicable civil procedure and court rules. The application ordinarily identifies the decree or order, the parties, the relief outstanding and the method of execution sought.
The court considers the particular relief and available legal mechanisms. Monetary obligations may involve recovery measures permitted by law; a decree for restitution of conjugal rights is subject to its own specific execution rules and does not authorize physically compelling spouses to cohabit.
The procedure may be affected by a stay, satisfaction of the decree, jurisdiction, limitation or other case-specific circumstances. A pending appeal does not automatically operate as a stay of execution.
Related provisions and their legal effect
Section 21 of the Hindu Marriage Act
Subject to the Act and applicable rules, proceedings under the Hindu Marriage Act are regulated, as far as may be, by the Code of Civil Procedure, 1908 (CPC).
Section 28 - Appeals from decrees and orders
Section 28 governs appeals against matrimonial decrees and specified non-interim orders under Sections 25 and 26. Under Section 28(4), the statutory appeal period is 90 days, subject to applicable law and judicial interpretation. An appeal and execution are distinct procedures.
Sections 24 and 25 - Maintenance
Section 24 deals with maintenance pending proceedings and litigation expenses; Section 25 deals with permanent alimony and maintenance. Enforcement of a monetary direction depends on the order and the applicable execution procedure.
Section 26 - Custody and children
Section 26 permits appropriate orders concerning custody, maintenance and education of minor children. Enforcement must reflect the precise order, applicable procedure and the welfare of the child.
CPC Sections 36, 38 and 51; Order XXI
Section 36 applies execution provisions concerning decrees to orders so far as applicable. Section 38 addresses the court by which a decree may be executed, and Section 51 describes modes of executing decrees subject to statutory safeguards. Order XXI sets out detailed execution procedures, including rules specific to certain forms of relief.
Frequently asked questions
Does Section 28A apply to all orders under the Hindu Marriage Act?
It states a general rule for decrees and orders made in proceedings under the Act, but the manner of enforcement depends on the kind of order and the procedural rules governing it.
Can unpaid maintenance be recovered through execution?
Maintenance directions can be enforced through legally available procedures, including civil execution where applicable. The appropriate remedy depends on the statute, the wording of the order and the competent court.
Does filing an appeal stop enforcement?
Not ordinarily. A party seeking suspension of enforcement generally needs an effective stay order from the competent court.
Where can the official law be read?
Refer to the India Code record for the Hindu Marriage Act, 1955 and its official PDF.
This article provides general legal information, not advice on an individual proceeding.