Report No. 98

4.6. Need for amendment by inserting new section 26A, in the Hindu Marriage Act.-

In this position, it is desirable to make the law specific and certain by inserting in the Hindu Marriage Act a provision-say, as section 26A-making it clear that an order for interim maintenance under section 24 (spouse) or under section 26 (children) may be given effect-

(a) from such date, not earlier than the date of the application under that section, as the court considers just and proper in the circumstances, or

(b) where no application has been made under section 26, then from such date, not earlier than the date of service of the notice issued on the petition by which the main proceeding was instituted, as the court considers just and proper in the circumstances.