Power to make such orders after decree or confirmation
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Summary
After a final divorce order (decree absolute) or a decree declaring a marriage void, the High Court, and the District Court once its decree is confirmed, may on petition make or vary orders about custody, maintenance and education of the marriage's minor children. The court can also place those children under its protection. These orders can be the same as could have been made in the original decree or by earlier interim orders.
Example
Priya gets a decree absolute dissolving her marriage and then petitions the High Court for a clear custody and schooling plan for her 7‑year‑old daughter. The High Court can issue orders on custody, maintenance and education or place the child under its protection, just as if those matters had been settled in the original decree.
Bare Act
Enacted textThe High Court after a decree absolute for dissolution of marriage or a decree of nullity of marriage, and the District Court, after a decree for dissolution of marriage or of nullity of marriage has been confirmed, may, upon application by Petition for the purpose, make from time to time all such orders and provision, with respect to the custody, maintenance and education of the minor children, the in marriage of whose parents was 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 absolute or decree (as the case may be), or by such interim orders as aforesaid.
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