• Hindu Marriage Act, 1955 (25 of 1955) S. 28 - Admittedly the provisions of the Code of Civil Procedure are applicable to proceedings under the 1955 Act - The mere use of the words "all decrees made by Court in any proceeding under this Act", shall be appealable, does not exclude the applicability of Order 9 Rule 13 of the Code of Civil Procedure - Section 28 of the 1955 Act does not by words or by intent prohibit the applicability of Order 9 Rule 13 of the Code of Civil Procedure, 1908 (V of 1908). (180) P.L.R.  
  • Hindu Marriage Act, 1955 (25 of 1955) S. 28(1) - Perusal of Section 28(1) of the 1955 Act reveals that it does not support the finding recorded by the trial court, that an application, filed under Order 9 Rule 13 for setting aside an ex-parte judgment and decree, passed under the 1955 Act, is not maintainable - Admittedly, the provisions of the Code of Civil Procedure are applicable to proceedings under the 1955 Act - The mere use of the words "all decrees made by Court in any proceeding under this Act", shall be appealable, does not exclude the applicability of Order 9 Rule 13 of the Code of Civil Procedure.  (180) P.L.R.  
  • Hindu Marriage Act, 1955 (25 of 1955) S. 28-A - No doubt, remedy of execution of decree or order passed by the matrimonial court is available under Section 28A of the Act, but the same would not be a bar to striking off the defence of the spouse who violates the interim order of maintenance and litigation expenses passed by the Court. (178) P.L.R.