Below are clear, concise, exam-oriented notes on Sections 27, 28 & 29 of the Hindu Marriage Act, 1955 — perfect for law exams, assignments, and quick revision.

🔹 Section 27 – Disposal of Property Presented at or About the Time of Marriage

Meaning

• Section 27 deals with property jointly belonging to both husband and wife, which was:
  • Presented at or about the time of marriage, and
  • Belongs jointly to both, not individually.

Key Points

• Court has the power to dispose of such property in any proceeding under the Act (e.g., divorce, judicial separation).
• This section applies only to jointly owned property, not to:
  • Stridhan of the wife
  • Exclusive gifts to one spouse
• Purpose: To avoid disputes regarding property given during marriage.

Important Case Law

• Pratibha Rani v. Suraj Kumar – clarified that stridhan is exclusively the wife’s, not covered under Section 27.

---

🔹 Section 28 – Enforcement of Decrees and Orders

Meaning

• Provides the procedure for enforcing:
  • Decrees of restitution of conjugal rights
  • Decrees of judicial separation
  • Decrees of divorce
  • Orders relating to maintenance, costs, etc.

Key Points

• All decrees and orders passed under the Act are enforceable as civil decrees under the Code of Civil Procedure (CPC).
• Appeals:
  • Orders made under Section 25 (maintenance) and Section 26 (custody, education, maintenance of children) are appealable.
• Ensures uniformity in procedure for execution of orders.

Purpose

• To give legal backing and enforceability to all matrimonial decrees under the Act.

---

🔹 Section 29 – Savings

Meaning

Section 29 preserves the effect of certain customs, laws, and rights even after the enactment of the Hindu Marriage Act.

Key Points

Section 29 contains four sub-sections:

---

🔸 Section 29(1) – Savings of Customary Divorce

• If a customary divorce or customary form of marriage is recognized by a community, it is not affected by the Hindu Marriage Act.
• This means:
  • Customary divorces remain valid.
  • Customary rites continue to have legal effect.

---

🔸 Section 29(2) – No Revival of Previously Dissolved Marriages

• A marriage that was already dissolved before the Act came into force cannot be revived under this Act.

---

🔸 Section 29(3) – Pending Proceedings

• Any legal proceedings regarding marriage, divorce, etc., already pending before later amendments remain unaffected.

🔸 Section 29(4) – Savings of Other Laws

• The Act does not affect rights and liabilities created under:
  • Other marriage laws
  • Special laws (e.g., Special Marriage Act)
  • Any prior laws not inconsistent with the Act

Purpose

• To avoid conflict between:
  • Customary laws
  • Other statutory laws
  • Pre-existing rights

---

📌 Quick Revision Table

📘 MCQs: Section 27, 28 & 29 – Hindu Marriage Act

1. Section 27 of the Hindu Marriage Act deals with:

A. Stridhan of the wife
B. Disposal of jointly owned property given at or about the time of marriage
C. Maintenance of wife
D. Custody of children

---

2. Property covered under Section 27 must be:

A. Exclusively gifted to the wife
B. Exclusively gifted to the husband
C. Jointly belonging to both spouses
D. Property acquired after marriage

---

3. Which of the following is NOT covered under Section 27?

A. Joint gifts at the time of marriage
B. Stridhan
C. Property jointly given to the couple
D. Gifts to both spouses

---

4. Section 28 primarily deals with:

A. Restitution of conjugal rights
B. Appeal and enforcement of decrees and orders
C. Bigamy
D. Conditions of a valid Hindu marriage

---

5. Decrees and orders under the Hindu Marriage Act are enforced according to:

A. CrPC
B. Constitution of India
C. Civil Procedure Code (CPC)
D. Indian Penal Code

---

6. Orders under Section 25 (maintenance) and Section 26 (custody) are:

A. Not appealable
B. Appeal can be filed only in Supreme Court
C. Appeal can be filed under Section 28
D. Appealable only with permission of High Court

---

7. Section 29(1) saves which of the following?

A. Criminal laws
B. Customary forms of marriage or divorce
C. Foreign marriage laws
D. Rights under the Contract Act

---

8. Section 29(2) states that a marriage dissolved before the Act:

A. Can be revived
B. Cannot be revived
C. Must be re-solemnized
D. Must be registered again

---

9. Section 29(3) protects:

A. Pending proceedings under old laws
B. Police investigations
C. Criminal appeals
D. Foreign decrees

---

10. Section 29(4) saves:

A. Only criminal laws
B. Only personal customs
C. Rights and liabilities under other laws not inconsistent with the Act
D. None of the above

---

✅ ANSWER KEY

1. B
2. C
3. B
4. B
5. C
6. C
7. B
8. B
9. A
10. C