Hindu Marriage Act, 1955

Section 1 – Preliminary

The act is named as Hindu marriage act 1955 Extends to whole of India and applies to Hindu

Section 2 - Application of Act

• Hindu by religion
• Who is Buddhist, Jains and Sikhs
• Person who is not Muslim, Christian, Parsi or Jew

Section 3 – Definition

• custom and usage - any rule continuously and uniformly observed for long time also obtain force of law among Hindu in any local area, tribe, community, group or family. Provided rule must not be unreasonable or against public policy.
• District court – Now new matter as settled in newly established family court has same footing as district court
• Full blood and half blood – full blood when both parents are same, half-blood when father is same but mothers are different
• Uterine blood - when mothers are same but fathers are different
• Prescribe

Section 5 - Conditions of valid Hindu Marriage

5 essential conditions for Marriage, in case of non-fulfilment of this condition marriage would not be valid.

I) Monogamy

- Prohibit polygamy and polyandry, Hindus can have only one marriage at a time

- In order to prosecute a person for bigamy need to prove that spouse is living and the prior marriage has been duly celebrated with performance of ceremonies, if not then previous marriage not recognised by court and not be know as husband and wife.

- Acc to sec5(1) such marriage would be illegal and ineffective, even if such marriage performed outside India

II) Lunacy

- Neither party suffering from unsoundness of mind, mental disorder, insanity at time of marriage

- If party mental disable at time of marriage- voidable marriage

- Party :- i) Incapable of giving valid consent due to unsound mind
ii) Has been suffering from mental disordered to such extent that unfit for marriage and procreation of children
iii) Has been subjected to recurrent attack of insanity

III) Age of Parties

- Early prescribed age for Bride of 15 years and groom 18 years but by the child Marriage Restrain Act,1978. Now valid Marriage age for groom is 21 and Bride is 18 years at time of marriage.

- Breach of this condition does not make marriage invalid, if render it as offence guilty party to such Marriage or parent or guardian responsible for getting married, or fails to prevent such marriage shall be liable for rigours imprisonment up to 2 years or fine upto 1 lakh or both.

IV) Prohibition as to prohibited degrees of relationship

- Marriage between person fullfiling within the prohibited degree of relationship have been prohibited

- Section 3(g) defines degree of prohibited relationship. Marriage of person though related to each other within the prohibited relationship shall be permissible if the custom governing both parties in marriage permits marriage between them, such custom shall be valid custom

- Prohibited degree of relationship: -

For men – i) Mother
ii) Grandmother howsoever high
iii) Former wife of Father or Grandfather howsoever high
iv) Former wife of Brother
v) Former wife of either parent’s brother
vi) Former wife of Grandparent’s Brother
vii) Sister
viii) Either Parent’s Sister
ix) Daughter of Brother or Sister
x) Daughter of either parents Brother
xi) Daughter of either Parents’s Sister

For Women: - i) Father
ii) grandfather howsoever high
iii) Former husband of mother and grandmother
iv) Brother of Former Husband
v) Nephew of former husband
vi) Grand Nephew of former Husband
vii) Brother
viii) Either Parent’s Brother
ix) Son of Brother or Sister
x) Son of either Parent’s Brother
xi) Son of either parent

- Marriage with the prohibited degree of relationship would be void under section 11 and punishable under section 18 with simple imprisonment upto 1-month fine upto 1000 rupees

- In south India Marriage with sister’s daughter or with Mothers’s brother’s daughter has been recognised by custom

V) Beyond Sapinda Relationship

- No Marriage valid if parties are Sapinda to each other, unless sanctioned by custom. Violation of this Condition would be liable to punishment U/S 18

- Sapinda means a person connected by the same Pinda, that is particularly of the same body i.e. a blood relation

- Under Old Hindu Law, Mitakshara – Bride should not fall under 7 degrees from father’s side and 5 degrees from mother’s side

- Under the Hindu Marriage Act- bride should be 3 Generation upward from mother’s side, 5 Generation degrees upwards from father’s side

Section 7 – Marriage ceremonies

- A Hindu marriage can be performed according to the traditional customs and ceremonies followed by either the bride's family or the groom's family

- If the marriage ceremony includes Saptapadi (the bride and groom taking seven steps together around the sacred fire), the marriage becomes legally valid and complete when they take the seventh step.

Section 8 – Registration of Hindu Marriage

- The State Government may make rules allowing the bride and groom to register their marriage by entering its details in a Hindu Marriage Register.

- The State Government may make marriage registration compulsory in the whole State or in certain areas/cases. If a person violates such registration rules, they may be fined up to ₹25.

- Any rules made under this section must be presented before the State Legislature as soon as possible.

- The Hindu Marriage Register can be inspected by the public at reasonable times. The Register and its certified copies can be used as evidence in legal proceedings after payment of the prescribed fee.

- Even if a Hindu marriage is not entered in the Marriage Register, the marriage does not become invalid.

Section 9 – Restitution of conjugal Rights

- If either spouse (husband or wife) leaves the company, cohabitation, or marital relationship of the other without a reasonable excuse, the aggrieved spouse can file a petition before the District Court seeking a decree for restitution of conjugal rights.

- In other words, the spouse asks the court to direct the other spouse to resume marital cohabitation.

- Essential Requirements: - To obtain a decree under Section 9, the petitioner must show:
i) There is a valid marriage.
ii) The respondent has withdrawn from the petitioner's society (stopped living with or cohabiting with them).
iii) The withdrawal was without a reasonable excuse.
iv) There is no legal ground that would justify refusal of relief.

- For example, if a wife leaves the matrimonial home alleging cruelty, she must produce evidence showing that the cruelty was a reasonable ground for living separately.

- What Can Be a "Reasonable Excuse” Courts have recognized grounds such as:
i) Cruelty or domestic violence.
ii) Adultery.
iii) Serious neglect.
iv) Demand for dowry.
v) Threats to safety.
vi) Any conduct making cohabitation unsafe or unreasonable.

- A decree for restitution of conjugal rights does not authorize physical force to compel a spouse to live with the other. It is a judicial declaration that the spouse should resume cohabitation. If the decree is not complied with for a specified period, it may later become a ground for divorce under the Hindu Marriage Act.

- Constitutionality of section 9:-

Section 10 – Judicial Separation

- Marriage whether solemnised before or after Commencement of this Act, may present petition praying for decree for Judicial Separation on ground for husband u/s 13(1) and for wife u/s 13(1) and (2)

- Decree of Judicial Separation has been passed no longer be obligatory for the petitioner to cohabit with respondent. But Court has power to rescind the decree if it consider it just and reasonable to do so on application by petition either party

- Judicial Separation is state of relation between husband and wife when they no longer under obligation to live together or perform marital obligation

- It is temporary suspension of marital right between suppose as result of decree passed by court

- During course of separation either party can claim maintenance from other

- But they don’t acquire the right to marry afresh that is only after dissolution of marriage.

- Grounds of judicial separation are same as grounds of divorce under section 13

- Court has power to rescind the decree available under section 10 for purpose of giving every opportunity to the parties for reconciliation

Difference between Judicial Separation and Divorce

- Effects of Judicial Separation
i) Marriage is not dissolved
ii) Judicial Separation no need to live together or dine together as judicial separation from bed to board
iii) No Obligation of Cohabitation
iv) Does not prevent parties from subsequent cohabitation
v) Either party guilty of bigamy during judicial separation liable for punishment u/s 18
vi) Can claim Maintenance and alimony during this period
vii) Wife from date of decree be considered as “independent women”
viii) Rights and obligation from marriage are suspended during Judicial separation period

Section 11 – Void Marriage

- Marriage shall be null and void by declared by decree of nullity if contravenes any one of condition specified in clauses (i),(iv) and (v) of section 5

- Marriage will be void ab into-
I) Section 5 (I )- Any Party to Marriage has spouse living at time of Marriage
II) Section 5 (iv) - Parties married with prohibited degree of marriage, unless the custom or usage governing each of them permit such marriage
III) Section 5 (v)- Parties are Sapinda of each other

- Section 11 is applicable to marriage before commencement of HMA,1995 before 18 may 1955

- A marriage which violates this condition is void ab into ispo jure (by law itself)

- Open to other Parties to treat it a nullity without even asking for declaration form of court.

Section 12 – Voidable Marriage

- Voidable marriage continues to subsist, until it is annulled by the court

- Decree of Nullity can be passed on following grounds:-
a) Marriage has not been consummated due to Impotency
b) Marriage in contravention of condition specified in section 5 (ii) either party suffer from unsound mind at time of marriage
c) Consent of petitioner or guardian was obtained by fraud or force
d) Respondent at the time of Marriage, was pregnant with some other person

- Exception to above grounds:-
a) On ground specified in clause C of subsection shall be entertained if-
(i) Petition has been presented before 1 year after force has been ceased to operate or fraud has been discovered
(ii) Petition has, with his or her full consent lived with other party to marriage and force has ceased to operate or discovered
b) On ground specified in clause (d) of subsection shall entertained unless court is satisfied that-
i) Petition was at the time of marriage ignorant of the fact alleged
ii) Petition initiated with in one year of marriage

A) Impotency
- Primary object of marriage is producing young ones
- Impotency may arise either from a structural defect in genital organ, which is incurable and renders complete intercourse impracticable
- A party is impotent if his or her mental or physical condition make consummation of marriage a practical impossible

B) Unsoundness of Mind
- Neither Party suffer from unsoundness of mind at the time of marriage
- Person of unsound mind not capable to give consent
- Marriage of such person is not void, it is voidable under Hindu Law
- Hindu Marriage act provides following 3 circumstances of unsoundness:-
i) Incapable of giving valid consent to it in consequence of unsoundness of mind
ii) Tough capable of giving consent has been suffering rom mental disorder of such kind that unfit marriage
iii) Subject to recurrent attacks of insanity or epilepsy

C) Consent obtained by Force and Fraud
- Marriage is voidable on the ground that the consent of petitioner or the guardian has been obtained by force or fraud.
- Expression “force” not defined in act wide interpretation just restricted to actual use of force but also include threat to use force also
- Consent has been included or compelled as result of an apprehension of injury threatened or inflicted
- Expression “fraud” in matrimonial law has a technical meaning does not include misrepresentation or concealment even of material fact including consent of party

D) Pregnancy of wife at time of marriage
- Marriage may be annulled by decree of nullity if respondent at time of marriage was at time of marriage pregnant by some other person other than petitioner
- Petitioner has to prove that respondent was pregnant by someone else at the time of marriage

Section 13 – Divorce

- Under section 13 there was means dissolution of marriage which has been obtained by one any of the party to marriage on petition from competent court

- So as long as such a divorce has not been obtained marriage exists 2nd marriage cannot be contracted by Hindu

- Grounds of divorce are same as judicial separation, Following are the grounds of Divorce

1) Section 13 Subsection 1 (i) - Adultery
- Voluntary sexual intercourse with any person other than their spouse is adultery Single act of adultery is sufficient ground for obtaining divorce
- Essential for petitioner to show that the opposite party is having sexual intercourse with person other than spouse Sexual intercourse must be voluntary if one of the spouse is raped it cannot be said to be voluntary sexual intercourse
- Sexual intercourse Complaint about must have been taken place after solemnisation of marriage, Pre marriage Sexual relation of husband. With some other woman is not comfortable

2) Section 13 subsection 1 (i-a) – Cruelty
- Quality is the act which are dangerous to life and health or limb. Cruelty doesn’t include normal wear and tear in marital life
- Cruelty can be both physical or mental. Can be done by both husband and wife.
- Few strand instances of short tempered not sufficient to prove cruelty. There must be continuous cruel behaviour towards petitioner
- Cruelty as to cause is reasonable apprehension in his or her mind that it would be harmful for petitioner to live with other party, Demand for dowry is cruelty, threatening to terminate pregnancy Or leaving matrimonial home, Defamation of family or partner is also cruelty.
- Cruelty may be words, gesture, mere silence, violence or non-violence.
- Cruelty can be understood in following hits.
a. Actual threat or Physical violence
b. Verbal abuse and insult
c. Excessive sexual intercourse.
d. Refusal of sexual intercourse.
e. Neglect
f. Communication of venereal diseases.
g. Drunkenness and use of drug
h. Forcing association with improper person.
i. Ill treatment of children.
j. False charge of immorality against the wife.
k. Lesbianism
l. Wife suffering from deadly disease.

3) Section 13 subsection 1 (i-b) – Desertion
- Decision for not less than two years before Petition. Desertion means withdrawal of matrimonial obligation. Example- No cohabitation.
- The reason for such desertion must not be due to any wrong done by petitioner.
- Desertion is reputation of obligation of marital rights.
- Essential ingredients of desertion are a) Factum of separation b) To bring cohabitation to end
- Two kinds of desertion i) actual desertion ii) constructive desertion.
- Actual desertion includes
a) spouses living separately
b) Deserting spouse must have intention
c) Deserted spouse must have not agreed to desertion.
d) Desertion must be without any reason
e) And must be for 2 years

4) Section 13 subsection 1(1-ii) – Conversion
- Change of religion does Into Ispo facto dissolve the marriage, Degree of divorce can be obtained by petitioner when other party cease to be Hindu.

5) Section 13 subsection 1(iii) -Unsoundness of mind
- When respondent is continuously or intermittent suffering from mental disorder of such kind of nature, to extend that petitioner cannot be reasonably expected to live with respondent
- Mental disorder Mental illness asserted to incomplete development of mind, a psychotic disorder, or any other disability of mind Schizophrenia
- Psychotic disorder means disability of mind, resulting in abnormal aggressive or seriously irresponsible conduct.
- A person suffering from incurable epilepsy and unable to manage herself or Himself, or his affairs as an ordinary reasonable person is an unsound mind.
- If such insanity is before marriage and unknown to the party, the marriage is Voidable

6) Section 13 subsection 1 (v) Veneral Disease
- Venereal diseases are sexually transmitted diseases. And it is considered as a ground for divorce Hindu Law

7) Section 13 subsection 1 (vi) Pronunciation of world
- Renounced by entering into any religious order.
- Necessary ceremonies must be performed to become a mere declaration does not amount to renunciation.

8) Section 13 sub section 1 (viii) Presumption of death
- When other party is not being heard of being alive for 7 years before the petition and he /she is not even believed to be alive. Hence, aggrieved party may marry again and have legitimate children
- If other party return after seven years and after the decree has been passed. Even then, marriage would be deemed to be dissolved
- If second marriage is performed without decree No person other than spouse can give the validity of marriage.

9) Section 13 subsection 1- A (i) – No resumption of cohabitation after decree of judicial separation.
- If even after the degree of judicial separation, there is no resumption of cohabitation in one year. It is also a ground for divorce.
- Cohabitation refers to living together as husband and wife and fulfil their duties thereafter
- It does not necessarily mean sexual intercourse. If there is a sexual intercourse, it will be ultimate evidence for cohabitation. In cohabitation, they resume their position as husband and wife.

10) Section 13. Subsection 1(ii)- Failure to comply with degree of restitution of conjugal right.
- If the parties fail to Comply with degree of conjugal right and there is no restitution for one year or more after passing the decree.
- The aggrieved spouse has to prove that she made positive efforts to comply

This section also provides specific grounds on which wife can file for divorce

11) Section 13 subsection 2(i)- Bigamy
- Wife on the ground of second marriage of husband, which was solemnised after commencement of act
- Second marriages are void app in issue under section 11 Read with section 5
- Patient therefore is entitled to degree of divorce Under section 13 (1-i) and not under 13 (2-i)

12) Section 13 Subsection 2(ii)- Rape, sodomy or bestiality
- The rape defined under section 64 of BNS
- Man is set to commit rape if intercourse with a woman
a) against her will
b) without her consent
c) consent, but putting her or her loved one in threat of death or hurt
d) With her consent, but she believes him to be her husband,
e) with her concern, but by reason of unsound mind or intoxication,
f) with or without consent if she is under 16 years of age
- Carmel intercourse against Order of nature, with any man, woman or animal, is a natural, whoever voluntarily has such intercourse commit an unnatural offence.
- Only a proof of conviction In criminal offence will not be sufficient for degree of divorce. Commission of offence must be proved.

13) Section 13 subsection 2 (iii)- Non resumption of cohabitation after decree or order of maintenance
- Degree has been passed against the husband Awarding maintenance to wife Under section 80 of Hindu adoption and maintenance act. And under section 125 of CPC, 1973 after passing such degree, cohabitation between the parties has not been resumed.

14) Section 13 subsection 2 (iv) - Option of puberty
- Marriage was organised before she attended age of 15 years
· She reputed the marriage after attending the age Of 18. In material whether marriage has been consummated or not.

Section 13-A- Alternative relief in divorce proceedings.

· It was inserted by marriage law amendment act 1976.
· Any proceedings under this act, or any petition for dissolution of marriage, except when petition is found on the grounds like conversion, renunciation of world presumption of death, court may consider to do so having regards, pass decree of divorce instead of judicial separation

Section 13-B - Divorce by mutual consent

· Divorce Obtained Mutual consent of both parties. Petition is required to be moved jointly on ground that they live separately and not able to live together. They have agreed that marriage should be dissolved, parallel to the provisions of section 28 of special marriage act.

· Concerns must be obtained Freely not by force fraud or undue influence
· “Having Been Living Separately” not necessary. means not just spouses living separately, but also, they must be living apart, not living as husband and wife
· Petition for divorce on the ground of mutual consent. Six months after the date of presentation of petition, and not later than 18 month after set date, if petition not withdrawn by both parties and courts is satisfied and things fit, and me grant decree of divorce

Section 14 - No petition for divorce to be presented within one year of marriage.-

· No court competent to entertain any potential for dissolution of marriage by a decree, unless at the date of presentation of petition, one year has elapsed since the rate of marriage.
· Exception petition may be filed within this. If permitted by court on application made on ground of i) Exceptional hardship suffered by petitioner ii) Exceptional depravity on part of other party
· Exceptional hardship or depravity of by laying down following general principles
i) Adultery with one person is not exceptional Depravity
ii) Adultery and desertion by husband. And cruelty. To his wife, his exceptional hardship.
iii) Adultery and another matrimonial offences may also create exceptional hardship examples when wife has a child by her adultery.
iv) Husband committing adultery within few weeks of marriage. With wife’s sister or servant in home may be held as exceptional depravity.
v) Cruelty and aggravating circumstances is also exceptional hardship example drunkenness or neglect.
· In disposing of any application to under this section, divorce decree to be passed while considering children of marriage and probability of reconciliation.

Section 15 – Divorce person may marry again.

· A provision for dissolution of marriage through divorce, for remarriage, has been declared lawful.
· When marriage has been dissolved by a degree of Divorce and either there is no right to appeal against the decree, or if there is such right of appeal time for appeal, has been expired without any appeal presented or appeal presented has been dismissed. Lawful for both parties to marry again
· When following conditioner satisfied one can remarry.
i) Marriage has been dissolved and there is no right to appeal against the degree of court
ii) There is right to appeal but the time has been expired without filling appeal
iii) Appeal has been filled but has been dismissed

Section 16 – Legitimacy of children of void and voidable marriage

· Void marriage any children born out of such marriage shall be treated as legitimate.
· Voidable marriage any children born out of Search marriage relationship declared Null and void shall be termed as legitimate
· Even if marriage under section 11 and 12 declared void or verdict, children born out of such marriage is held as legitimate.

Section 17 – Punishment for bigamy

· Bigamy While either spouse had already living spouse on date of marriage
· Search Marriage void ab into under following condition:-
I) If the marriage is solemnised after commencement of act
II) At the date of marriage either party has living spouse
· Bigamy is an offence. And this punishable under section 494 of IPC.
· To consider it by giving me second marriage should be solemnized. To solemnized means to celebrate in due process inform.

Section 18 - Punishment for contravention of certain other conditions for a Hindu marriage-

- Marriage solemnized under this act in contravention of condition specified in Section 5 (iii) Age of Parties, (iv) Degree of prohibited degree (v) Sapinda Relationship Shall be punishable –
a) Contravention of Sec 5(iii) Age of Parties – Simple Imprisonment up to 15 days or fine upto 1000 Rupees
b) Contravention of Sec 5 (iv) Degree of prohibited relation or (v) sapinda relationship- Simple imprisonment upto 1 month or fine upto 1000 or both

Section 19 – Court to which petition should be made –

- Every petition under this act shall be presented to court within local limit of whose ordinary civil jurisdiction-
a) Where marriage was solemnised
b) Where the respondent resides.
c) Where Parties to marriage last resides.
d) In case of wife as petitioner, where she’s residing in on date of presentation of petition.
e) At petitioners’ place if respondent reside outside India Arnu news open being alive from last 7 years

Section 20 – Contents and Verification of Petitions

- A petition under the Hindu Marriage Act must clearly state the facts supporting the relief sought.
- Except for petitions under Section 11 (void marriages), it must state that there is no collusion between the parties.
- The petition must be verified like a civil plaint, and the verified statements may be used as evidence.

Section 21 – Application of CPC

- Proceedings under the Hindu Marriage Act are generally governed by the Code of Civil Procedure, 1908, subject to the Act's provisions and any rules made by the High Court

Section 21-A- Power to transfer Petition in certain cases.

- Court has given power to transfer the petition in order to avoid multiplicity of suit
- Various petition has been presented by party to marriage, whether in same district court or in different district court. Following rule to be followed
a) Petition are presented to same District Booth petition shall be Tried and heard together by District Court
b) Petition are presented to different districts, petition presented later to be transferred to the district court in which earlier petition was presented, petition shall be heard and disposed together by district court

Section 21-B – Special provision relating to trial and disposal of petition.

- The court should continue the trial from day to day until it ends. Adjournments beyond the next day should be granted only when necessary, with reasons recorded.
- Matrimonial petitions should be disposed of as quickly as possible, with an effort to complete the trial within 6 months from the date the respondent is served notice.
- Appeals should also be heard expeditiously, with an effort to dispose of them within 3 months from the date the respondent is served notice of the appeal.

Section 21C – Documentary Evidence

- In proceedings under the Hindu Marriage Act, a document cannot be rejected as evidence merely because it is not properly stamped or registered.

Section 22 - Proceedings to be in camera and may not be printed or published

- Proceedings under the Hindu Marriage Act, 1955 must be conducted in camera (privately, not open to the public).
- No person may print or publish matters relating to such proceedings, except judgments of the High Court or Supreme Court with prior court permission.
- Violation is punishable with a fine up to ₹1,000.

Section 23- Decree in proceedings

- The court may grant relief (such as divorce, judicial separation, etc.) only if it is satisfied that: i) A valid ground for relief exists.
ii) The petitioner is not taking advantage of his or her own wrong.
iii) The petitioner has not condoned (forgiven) the matrimonial offence complained of, where applicable.
iv) In mutual consent divorce, consent is free and not obtained by force, fraud, or undue influence.
v) There is no collusion between the parties.
vi) There is no unnecessary or improper delay in filing the case.
vii) No other legal bar exists to granting relief.

Section 24 – Maintenance Pendente lite and Expenses proceedings

- Pendente lite means pending litigation.
- Provision grant of maintenance or expenses of proceeding to either spouse.
- This provision, in favour of needy spouse applies irrespective whether such spouse appear as an initiator Proceeding or not.
- once’s order is passed under section 24. The liability to pay expense of litigation during period of proceeding cannot be avoided.
- Application for the payment of expense of proceeding, shall as far as possible, be disposed within 60 days from date of service of notice from petitioner
- Court cannot defer decision on the issue till disposal of main issues
- While Deciding the question of maintence of proceeding only issue to consider whether claimant is or not in position to maintain herself or himself
- Open to court to make such provisions in favour of needy spouse, whether initiator of main issue or not
- In several cases, it is argued that definite rule only initiator of proceeding under this act get alimony under section 24. But High Court of Bombay, Madras, Punjab held on not only initiator, but any party who is not able to pay can apply for maintenance under section 24.

Section 25 – Permanent alimony and maintenance.

- Court has empowered under section 25 to direct the opposite party at the time of decree to pay and maintain the petition
- While awarding maintenance court should take status of opposite party into consideration.
- Court can vary, modify or cancel any such order if circumstances of petitioner changes.
- Court can vary modify or cancel if wife become unchaste or remarries in instance of other party.
- Application for permanent alimony or maintenance can be filed even in case of decree for divorce although the relationship of husband and wife comes to end after passing the decree
- Application for maintenance acceptable even if marriage is acceptable even if marriages void or verdict.

Section 26 – Custody of child

- In any proceeding under the Hindu Marriage Act, the court may pass interim orders and include provisions in the decree regarding the custody, maintenance, and education of minor children.
- While making such orders, the court should consider the wishes of the children, wherever possible.
- Even after passing the decree, the court may make, modify, revoke, suspend, or vary orders concerning the custody, maintenance, and education of the children upon application by a party.

Section 27 – Disposal of marital property.

- Empower matrimonial court to make order for disposal of the property which was presented to party at the time of marriage.
- During course of marriage, several property acquired for the household In which both parties has contributed directly or indirectly.
- Scope of this section is limited in sense that it is provided for division
i) After acquire common property
ii) Exclusive property.
- Majority of high court express under section 27 Court has jurisdiction to make division of only that property given a time of marriage Presented jointly.
- But Allahabad High Court held section 27 employers court to pass a decree in respect of property, which may exclusively belong to husband or wife Power inherent from proceedings.

Section 28 – Appeals from decree and order.

- All decree in any proceedings under this act be available as decree of the court in exercise of original civil jurisdiction.
- Order made by court under section 25 and 26 are available unless they are not temporary. An appeal Section 28 (2) and (4 ) Shall we prefer within 30 days from decree.