Report No. 98
Sections 24 to 26, Hindu Marriage Act, 1955: Orders for Interim Maintenance and orders for the maintenance of Children in Matrimonial Proceedings
| Contents |
| Chapter 1 |
Introductory |
| 1.1 |
Scope |
| 2. |
The questions to be considered-nature of |
| 3. |
Working Paper issued by the Commission |
| Chapter 2 |
Sections 24 to 26, Hindu Marriage Act, 1955 |
| 2.1. |
Section 24, Hindu Marriage Act |
| 2. |
Section 25, Hindu Marriage Act |
| 3. |
Section 26, Hindu Marriage Act |
| 4. |
Separate sections for Spouses and Children |
| Chapter 3 |
Maintenance for Children without a formal Application |
| 3.1. |
Interim maintenance for children |
| 2,3. |
Conflict of views as to sections 24 and 26 |
| 4. |
Review of case law |
| 5. |
Another question-Application under section 26 if necessary for permanent maintenance of children |
| 6. |
Amendment needed in section 26, Hindu Marriage Act |
| Chapter 4 |
Interim Maintenance: The Effective Date |
| 4.1. |
The effective date |
| 2. |
One view-service of main petition to be the effective date |
| 3. |
Second view-date of issues to be the effective date |
| 4. |
Third view-date of application for interim relief to be the effective date |
| 5. |
Maintenance in appeal |
| 6. |
Need for amendment by inserting new section 26A, in the Hindu Marriage Act |
| Chapter 5 |
Appeal, Revision and Enforcement |
| 5.1. |
Appeal and revision |
| 2. |
Enforcement under section 28A, Hindu Marriage Act and other modes of enforcement |
| 3. |
Other modes of enforcement |
| 4. |
Amendment not needed as to enforcement |
| 5. |
Earlier Report of the Law Commission as to criminal liability |
| Chapter 6 |
Comments Received on the working Paper |
| 6.1. |
Comments on the Working Paper |
| 2. |
Replies received |
| 3. |
Whether amendment necessary |
| 4. |
High Courts |
| 5. |
State Governments |
| 6. |
Additional points-Execution of maintenance decrees |
| 7. |
Attachment of husband's earnings |
| 8. |
Declaration of assets before marri ge, where husband residing outside India |
| 9. |
Custody of minor children |
| 10. |
Suggestion to dispense with ap lication under section 26 for order at the conclusion of the proceedings uggestion of Government of West Bengal |
| 11. |
Disclosure in pleadings about children |
| 12. |
Orders whether to be made effective from a date prior to institution of proceedings |
| 13. |
Financial and psychological constraints on the woman |
| 14. |
Handicapped children |
| Chapter 7 |
Recommendations |
| 7.1. |
Recommendations |
| 2. |
Revised section 26, Hindu Marriage Act |
| 3. |
New section 26A, Hindu Marriage Act, 1955 |
