What should I do now!

Querist : Anonymous (Querist) 17 August 2010 This query is : Resolved
About ten years ago in the divorce proceedings the girl child was agreed to be taken by the entranged wife and after payment of full and final allumni the decree was passed.

Now recently by the passage of time both the parties amicably agreed to let father take the child (who is still minor).

Is it legal in view of the court decree by which the child was taken by her mother. If the answer is affirmative what is the modus operandi required under the circumstances.

Kindly enumerate in light of legal pronouncement/s.

Thanking You

Anonymous

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Parveen Kr. Aggarwal (Expert) 17 August 2010
Section 26 of the Hindu Marriage Act, 1955:

"26. 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."

So, you have to apply under the aforesaid provision to the District Court having jurisdiction to try the application.