Law Maker

JURISDICTION AND PROCEDURE

Section 26: Custody of children

The Hindu Marriage Act, 1955

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:

1[Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]

Footnotes in the official text

  1. 1.Ins. by Act 49 of 2001, s. 9 (w.e.f. 24-9-2001).

Questions on this section

2 questions in 9 of our papers cite Section 26. Try these from the free papers:

  1. 1. Consider the following statements about Section 26 of the Hindu Marriage Act, 1955: 1. The court may pass interim orders on the custody, maintenance and education of minor children while the proceeding is pending. 2. Once the decree is passed, the court cannot make any further order regarding the custody of such children. 3. Orders on custody are to be made consistently with the wishes of the children, wherever possible. Which of the statements given above is/are correct?

  2. 2. Under the proviso to Section 26 of the Hindu Marriage Act, 1955, an application for the maintenance and education of minor children pending the proceeding shall, as far as possible, be disposed of within:

Practise questions on Hindu Law