Report No. 98

Sections 24 to 26, Hindu Marriage Act, 1955: Orders for Interim Maintenance and orders for the maintenance of Children in Matrimonial Proceedings

Chapter 1

Introductory

1.1. Scope.-

Certain questions concerned with orders for interim maintenance under the Hindu Marriage Act, 1955 and with orders for the maintenance of children under the Act are the subject-matter of this Report. On several points arising out of the relevant statutory provisions,1 a conflict of decisions has arisen and it seems appropriate that the conflict should be settled by legislative amendment. On some other points, a discussion has taken place in the writings on the Act or in case law. These discussions need to be taken note of. The Commission has had occasion to deal with the Hindu Marriage Act more than once in the past.2 But the points that are the subject-matter of the present study had not arisen at the time when the Commission undertook, in its earlier Reports, a survey of various provisions of the Act.

1. Sections 24 to 26, Hindu Marriage Act, 1955.

2. Law Commission of India, 59th Report (Hindu Marriage Act, 1955 and Special Marriage Act, 1954) and 71st Report (Hindu Marriage Act, 1955-irretrievable breakdown of marriage as a ground of divorce).