Section 26 Hindu Marriage Act: Child Custody, Maintenance and Education
Section 26 of the Hindu Marriage Act, 1955 empowers the court in proceedings under the Act to make orders concerning the custody, maintenance and education of minor children. The court can make interim arrangements, include provisions in the decree, and later revoke, suspend or vary its earlier orders when circumstances require.
Updated: 27 September 2026 | Hindu Marriage Act, 1955
Section 26: Custody of children
Section 26 applies in proceedings under the Hindu Marriage Act. It gives the court continuing authority over matters concerning minor children, particularly their custody, maintenance and education. The provision is flexible because arrangements suitable at one stage of a matrimonial case may need to change as the child grows or the circumstances of the parents change.
What Section 26 provides
In substance, the court may make interim orders and provisions in the decree that it considers just and proper concerning the custody, maintenance and education of minor children. The provision requires the court to act consistently with the children's wishes wherever possible. Even after the decree, the court may make further orders on an application and may revoke, suspend or vary an earlier order.
What orders can the court make under Section 26?
Interim custody
During the matrimonial proceeding, the court may make temporary custody arrangements until the case or the custody issue is finally determined.
Maintenance
The court may make suitable provision for the maintenance of minor children in connection with proceedings under the Act.
Education
Orders may address educational needs and expenses so that the child's schooling and development are appropriately protected.
Post-decree changes
After a decree, the court retains power, on application, to make further orders and to revoke, suspend or vary earlier arrangements.
Depending on the facts, a custody arrangement may also deal with access or visitation, contact schedules, holidays and practical arrangements necessary to preserve the child's relationship with a parent while protecting the child's welfare.
Welfare of the child is the paramount consideration
Indian child-custody law places the welfare of the minor at the centre of the decision. The Supreme Court has repeatedly stated that the child's welfare is paramount and that custody is not determined simply by treating a parent's statutory or personal claim as decisive. The court may consider the child's age, needs, education, emotional security, existing care arrangements, the capacity of each parent to care for the child, and other circumstances affecting the child's overall well-being.
Section 26 itself directs attention to the wishes of the minor children wherever possible. The weight given to a child's preference depends on factors such as age, maturity and the surrounding circumstances; the preference does not displace the court's duty to protect the child's welfare.
How to seek child custody relief under Section 26
- There must be a proceeding under the Hindu Marriage Act: Section 26 operates in connection with proceedings under the Act, such as matrimonial proceedings for judicial separation, nullity or divorce.
- Apply to the competent court: A party may seek an interim or other appropriate order regarding custody, maintenance or education of a minor child. After the decree, an application may also be made for further orders under Section 26.
- Place child-focused facts before the court: Relevant material may include the child's age, present residence, schooling, health and educational needs, existing caregiving arrangements, proposed custody or visitation schedule and other facts bearing on welfare.
- The court may hear the child's wishes: Where appropriate, the court can ascertain the child's preference in a manner suited to the child's age and maturity.
- Orders can later be changed: Because Section 26 expressly permits revocation, suspension or variation, a material change in circumstances can justify a later application.
The exact procedure, forms and filing requirements can vary according to the court and applicable Family Courts or High Court rules. Litigants should check the rules and filing requirements of the competent court.
Can a custody order be modified later?
Yes. Section 26 expressly creates continuing jurisdiction. A custody, maintenance or education order is therefore not necessarily permanent in practical operation. If circumstances materially change, the court can reconsider the arrangement and revoke, suspend or vary its earlier order, always keeping the child's welfare in view.
Section 27: Disposal of property presented at or about the time of marriage
Section 27 is a separate provision dealing with property. In a proceeding under the Hindu Marriage Act, the court may make provisions in the decree concerning property presented at or about the time of marriage that belongs jointly to both the husband and the wife.
The statutory wording is important. Section 27 is not a general power to divide every asset owned separately by either spouse. Its express scope concerns property meeting the statutory connection with the marriage and joint ownership described in the section. Questions concerning title, beneficial ownership or other property rights may require consideration of the facts and other applicable law.
Official legal resources
For the authoritative statutory text and current court services, use the official Government of India resources below. The statutory text should be checked whenever the precise wording of a provision is material.
- India Code - Hindu Marriage Act, 1955
- Supreme Court of India
- eCourts Services - case status, orders, judgments and e-filing services
This article provides general legal information and is not a substitute for advice on the facts of a particular custody, maintenance or property dispute.