Report No. 98
2.3. Section 26, Hindu Marriage Act.-
Regarding children both interim order and orders to be passed on conclusion of the proceeding are dealt with in section 26 of the Hindu Marriage Act, quoted below:-
"26. In any proceeding under this Act, the court may from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made."
The first portion of this section, dealing with interim maintenance does not require an application. The second portion concerned with maintenance orders for children on conclusion of proceedings does require an application.