Report No. 59
8.38. Analysis of orders.-
It may be noted that the Court is empowered to pass orders under the following sections of the Hindu Marriage Act, 1955:-
Nature of order
|22(1)||Order to hold proceedings in camera and order with regard to printing or publishing of such proceeding.|
|24||Maintenance order pendente lite and expenses of proceedings.|
|25(1)||Order for permanent alimony and maintenance at the time of the passing of any decree or subsequent thereto.|
|25(2)||Verification, modification, or rescission of any order made under sub-section (1).|
|25(3)||Rescission of the order in certain circumstances.|
|26||(i) Interim order with respect to the custody, maintenance and education of minor children;
(ii) provision in the decree itself for such matters;
(iii) the court may also revoke, suspend or vary any such orders and provisions previously made.
As can be seen from the above, the Court can pass orders which are either of a permanent or interim nature.
8.39. Our proposal is that with respect of interim orders under this Act, there should be no appeal. Interim orders are only for a period of time and could, if necessary, be reviewed by the Court. Such appeals usually lead to delay. In other words, appeals should lie only in respect of decrees and orders of a permanent nature.
Therefore, the appeal should (so far as orders are concerned) be restricted to:-
(i) orders under section 25.
(ii) orders under section 26 which are permanent and not interim.
8.40. In order to expedite the disposal of the litigation, we also recommend that the period of limitation for appeals under the Act should be 30 days.