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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

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

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