Standalone case u/s section 26 of hindu marriage act
pun
(Querist) 09 June 2015
This query is : Resolved
Hello Experts,
Please share your views if as per provisions of Hindu Marriage Act, any independent case can be filed u/s section 26 of Hindu Marriage Act when there is no other proceeding under this Act is pending before that Court.
Please help with sharing any citation of High court/ supreme Court in this regard.
Thanks
R.K Nanda
(Expert) 09 June 2015
state real facts.
pun
(Querist) 09 June 2015
Supreme Court transferred the child custody case from one state to family court of another state which was filed under Guardian and Wards act. In the same city where the child custody case is transferred, divorce cases is running in Civil court. Father got the permanent custody of child by decree of family court after the consent given by mother. after 2 months the mother abducted the child and filed one case in same family court which given the custody to father, u/s 26 of hindu marriage act to alter/recall the custody order whereas the Divorce case is going on in Civil Court. Hence this query.
Rajendra K Goyal
(Expert) 10 June 2015
Consult local lawyer who is aware of all the facts and case file. Citation not provided.
SAINATH DEVALLA
(Expert) 10 June 2015
Section 26 clearly states regarding reclaiming custody of children by either party.
Section 26 in The Hindu Marriage Act, 1955
Custody of children. —In 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: 58 [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.]
Hence UR local lawyer will be of a better use .
