Section 38 of SMA : Section 38: Custody Of Children

Bare Act

In any proceeding under Chapter V or Chapter VI the district court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be 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, revoke, suspend or vary, 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.

Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

Simplified Act

When dealing with cases about marriage and divorce (under Chapter V or Chapter VI), the district court can issue temporary orders or include terms in the final decision that it feels are fair regarding the care, financial support, and schooling of children who are under 18. These decisions should take into account what the children want whenever it's possible. Furthermore, after the final decision has been made, if someone asks by submitting a petition, the court can change, cancel, pause, or adj...

Explanation using Example

Imagine a couple, Ravi and Priya, who got married under the Special Marriage Act. Unfortunately, their marriage hits a rough patch, and Priya files for divorce under Chapter VI of the Act. They have a five-year-old daughter, Aisha. During the divorce proceedings, the district court, recognizing the importance of Aisha's welfare, issues an interim order that Aisha will stay with Priya, who is granted temporary custody. The court also orders Ravi to pay a monthly maintenance amount for Aisha's expenses and decides that Aisha will attend a nearby school, ensuring her education is not disrupted.

A few months after the divorce is finalized, Ravi's circumstances change, and he believes he can now provide a better environment for Aisha. He files a petition in the...