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IDA, 1869
Start Practicing
IDAChapter XISection 42
Section42

Power to make such orders after decree

AI Assist

Summary

After a decree of judicial separation, the court on an application can from time to time make orders about custody, maintenance, education and the marriage of the minor children whose parents are separated, or place those children under the court's protection. These orders can be the same as those that could have been made in the original decree or by interim orders if the proceedings were still pending.

Example

Priya obtains a decree of judicial separation from Aditya and applies because their seven-year-old son needs care and schooling. The court can decide who gets custody, order maintenance for the child, arrange his education, or place him under the court's protection if needed.

Bare Act

Enacted text

The Court, after a decree of judicial separation, may upon application (by Petition) for this purpose make, from time to time, all such orders and provision, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.

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XI

Chapter XI

Custody of Children

In this chapter

  • 41Power to make orders as to custody of children in suit for separation
  • 42Power to make such orders after decree
  • 43Power to make orders as to custody of children in suits for dissolution or nullity
  • 44Power to make such orders after decree or confirmation
Previous · Section 41Power to make orders as to custody of children in suit for separationNext · Section 43Power to make orders as to custody of children in suits for dissolution or nullity