Custody of children
AI Assist
Summary
Court may make interim or final orders about custody, maintenance and education of minor children during proceedings, taking the child's wishes into account where possible. After the decree, parties can apply and the court can again make, vary, suspend or revoke such orders as if the main petition were pending. Applications on maintenance and education pending the proceeding should, as far as possible, be disposed of within sixty days of service of notice on the respondent.
Example
Priya files for divorce and asks the court for interim custody and child maintenance while the case is pending. The court can grant Priya interim custody, order maintenance and schooling arrangements consistent with the child's wishes where possible, and must try to decide the maintenance and education application within sixty days after notice is served on Rohan.
Bare Act
Enacted textIn 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:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.
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