Report No. 98

Chapter 7

Recommendations

7.1. Recommendations.-

In the light of what we have stated in the preceding Chapters, and having regard to the problems that have arisen with regard to

(i) the question whether a formal application for interim maintenance under section 26, Hindu Marriage Act, 1955 is needed, and (ii) the date from which an order for interim maintenance (for spouses or for children) can take effect under the Act, we are of the opinion that it is necessary to amend the Act on both the points mentioned above. We have come to the conclusion that the most just and convenient course would be-

(a) to amend section 26 of the Act1, so as to expressly dispense with the need for a formal application for interim maintenance for the purposes of the section, at the same time also splitting up the section so as to improve its readability; and

(b) to insert in the Act a new section (say, section 26A), so as to make a specific provision as to the date from which the order for maintenance interim can take effect2.

1. Para. 3.6, supra.

2. Para. 4.6, supra.