Section 28A – Hindu Marriage Act – Enforcement Of Decrees And Orders.

Code:

“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.”

Explanation:

This section lays down the mechanism for enforcing the decrees and orders made by the court in any proceeding under the Hindu Marriage Act. It essentially equates the enforcement of these decrees and orders with those made in the exercise of the court’s original civil jurisdiction.

In simpler terms, it means that any decree or order passed by the court in a Hindu Marriage Act case can be enforced using the same procedures and methods that apply to any other civil case.

Illustration:

Consider a situation where a court grants a decree of divorce in a case under the Hindu Marriage Act. This decree can be enforced in the same way as any other court order in a civil case. For instance, if the decree orders the husband to pay alimony to the wife, the wife can seek enforcement of this order through legal procedures like attachment of property, garnishment of wages, or even imprisonment for non-compliance (depending on the applicable laws and jurisdiction).

Common Questions and Answers:

Q: Does this section mean that the enforcement process for Hindu Marriage Act cases is different from other civil cases?

A: No. This section specifically states that the enforcement process is the same as for other civil cases.

Q: What are some examples of decrees and orders that can be enforced under this section?

A: Examples include decrees of divorce, restitution of conjugal rights, alimony, custody of children, and maintenance orders.

Q: What happens if a party fails to comply with a decree or order made under the Hindu Marriage Act?

A: The aggrieved party can approach the court for enforcement, which may involve legal actions like attachment of property, garnishment of wages, or even imprisonment (depending on the specific case and applicable laws).