Section 38

Custody of children.

The Special Marriage Act, 1954

  • Act 43 of 1954
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.

All sections
    In any proceeding under Chapter V or Chapter VI the district court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be 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, revoke, suspend or vary, 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.
     1[Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]

Notes

1. The proviso ins. by Act 49 of 2001, s. 7 (w.e.f. 24-9-2001).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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