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Report No. 98

6.3. Whether amendment necessary.-

One comment received from the office of a State Law Commission,1 raises a query that an amendment of section 28 is not required. The comment, however, (it has been stated) is subject to approval of the State Law Commission. We may mention in this context that we are not recommending2 any amendment of section 28. The amendments that we are going to recommend3 concern the matters dealt with in sections 24 and 26 of the Hindu Marriage Act and are necessary in view of the case law discussed (and other points made) in the relevant Chapters of this Report.4

Some of the comments received on the Working Paper while agreeing that there is need for amending the Act, also make certain additional suggestions. We shall deal with these in later paragraphs of this Report.5

1. Law Commission File No. F.2(14)/83-L.C., S. No. 9 (Madhya Pradesh Law Commission).

2. See Chapter 5, supra.

3. Chapter 7, infra.

4. Chapters 2-4, supra.

5. Para. 6.6, et. seq, infra.

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

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