Section 26 hindu marriage act - independent & seperate run

 

(Querist)
18 November 2018

Sir
My divorce case is pending in Family court jaipur and I have filed a case for child custody and interim access to child under sec 26 HMA 1955 and it has been registered as seperate and independent case. Now opposite party Adv has opposed by Appl under order 7 rule 11 that it can only be filed in divorce case as a simple Application. Kindly provide citation or suggestions to support of this.
I have heard that it can be run independent in family court.


Vijay Raj Mahajan (Expert)
19 November 2018

Application under section 26 HMA for child custody and maintenance etc.no doubt is during pending main divorce petition however the application can even be filled at later stage for order for child custody and the independent application in this regard will be entertained by the Family Court irrespective of the Divorce petition already finalized.
The application under order 7 rule 11 CPC just on the ground that application u/s 26 HMA is mentioned as independent petition and not application is baseless preposition and this application will be dismissed.

sachin sharma (Expert)
20 November 2018

Agreed with Mr Vijay Raj

JASWANT VIJAY AGNIHOTRI (Querist)
20 November 2018

Sir
Requesting to suggest some argument with citations to maintain sec 26 application as independent proceeding. I am unable to find it.



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