Power to make orders as to custody of children in suits for dissolution or nullity
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Summary
In a suit for dissolution or nullity of marriage in a High Court or District Court, the court can make interim orders and include directions in its final decree about the custody, maintenance and education of the minor children. These orders can be made before the decree is made absolute or confirmed. The court may also order steps to place the children under the protection of the court.
Example
Priya files a suit for dissolution in the District Court and has two minor children. While the case is pending the court orders temporary custody and monthly maintenance for the children. When the decree is confirmed the court includes custody and schooling directions, and may place the children under the court’s protection if needed.
Bare Act
Enacted textIn any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, a High Court, the Court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders, and may make such provision in the decree absolute or decree, and in any such suit instituted in a District Court, the Court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation, as the High Court or District Court (as the case may be) deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the Court.
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