Report No. 98

6.10. Suggestion to dispense with ap lication under section 26 for order at the conclusion of the proceedings uggestion of Government of West Bengal).-

A number of additional points have been made by the Government of West Bengal (in the Legislative Depar ent) in its comments on the Working Paper.1 The points made show an earne t desire for effecting improvements in the law, though they touch matters be and the scope of the Report-indeed, some of them go beyond the province f the matters that may be litigated in matrimonial proceedings. Emphasising t e fact that a broken conjugal home and an alienated couple spell great disaste to children, the suggestion makes a number of points, which we shall menti n in brief.

The first point made by the Government of West Bengal is that here should be no insistence on an application, even under section 26, latte part, Hindu Marriage Act, (orders for maintenance to be passed at the co clusion of the hearing) and that the Orders for the Maintenance of Children in Matrimonial Proceedings requirement of application may be dispensed with. We have given some thought to this matter. However, in the absence of any serious difficulties actually felt in practice, we are not inclined to recommend its deletion. The matter is one relating to permanent maintenance, and if it is dealt with on the basis of some material which is on record, there is some convenience in practice.

1. Law Commission File No. F.2(14)/83-L.C., S. No. 6.