Hindu Marriage Act Section 26 — Custody of children
General
Summary
During a case under this Act, the court can make temporary orders or include terms in its final decision about the custody, maintenance, and education of minor children, and it should try to respect the children’s wishes where possible. After the final decision, the court can also make new orders about these matters if someone files a petition, as if the original case were still ongoing. The court can change, pause, or cancel any earlier orders it made on these issues. If a request about maintenance or education is made while the case is still pending, the court should try to decide it within sixty days of the other side receiving notice.
Official Text
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: 3[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.]