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Jul 3, 20233 min read

Draft Of Application Under Section 26 Of Hindu Marriage Act

The legal right to raise and care for a child is known as custody, and it is typically granted to the child's mother or father in the event of a divorce.


The Hindu Marriage Act exclusively addresses minor children when making provisions. The orders issued in accordance with the section may occasionally be changed, put on hold, or revoked even after the trial is over. The section's goal is to make it possible for the court to provide for the minor children's welfare in a fair and appropriate manner.


Section 26: Hindu Marriage Act

Section 26 of the Hindu Marriage Act, 1955, pertains to the maintenance pendent lite and expenses of proceedings. This section empowers the court to order interim maintenance and litigation expenses to be paid by either spouse during the pendency of matrimonial proceedings, providing financial support to the dependent party. It ensures fairness and assistance to parties involved in divorce or matrimonial cases.


How to Draft an Application under Section 26 of Hindu Marriage Act

When drafting an application under Section 26 of the Hindu Marriage Act, it is crucial to provide the necessary details and follow a structured format. Here's a guideline on how to draft the application:

  • "Application in accordance with Section 26 of the Hindu Marriage Act of 1955" is where you should start.

  • Provide the name of the court where the application is being filed.

  • State the names of the petitioner (the party seeking maintenance) and the respondent (the other party).

  • Include the relevant matrimonial case number, if available.

  • Briefly mention the marriage date and place.

  • Clearly state the grounds for seeking maintenance and expenses under Section 26.

  • Specify the amount of maintenance sought and the rationale behind it.

  • Request the court to grant an order for interim maintenance pendent lite and litigation expenses.

  • Conclude the application by signing it and mentioning the date and place of filing.

Judicial Pronouncements

In the case of Kartar Chand v. Smt. Tarawati, the Allahabad High Court dealt with the issue of maintenance under Section 26 of the Hindu Marriage Act. The court held that if a wife has insufficient means to maintain herself, the husband is liable to provide her with maintenance. The court also emphasized that maintenance should be awarded based on the husband's income and the standard of living enjoyed during the marital relationship.


Role of Lawyers

Lawyers play a crucial role in assisting individuals in drafting an application under Section 26 of the Hindu Marriage Act. The lawyers can help in the following ways:

  • Legal expertise: Lawyers have a deep understanding of the legal framework and requirements under the Hindu Marriage Act. They can provide guidance on the specific provisions of Section 26 and help determine if the case qualifies for maintenance.

  • Case assessment: Lawyers will assess the facts and circumstances of the case to determine the grounds for seeking maintenance and the appropriate relief to be sought. They will consider factors such as income, assets, and the needs of the dependent party.

  • Drafting the application: Lawyers have experience drafting legal documents. They can prepare a well-structured, concise, and legally sound application that effectively presents the petitioner's case, including all necessary details, supporting evidence, and legal arguments.

  • Ensuring compliance: Lawyers are familiar with the procedural requirements and formalities involved in filing applications. They can ensure that the application adheres to the prescribed format, word limits, and any specific rules of the court.

Making a provision like this aims to ensure that children's interests are not compromised or overlooked as a result of disputes between their parents. When the court decides to issue such an order, it will, to the greatest extent feasible, take the children's desires into account.


You will need the help of lawyers to ensure that the application is properly prepared, increases the chances of success, and provides valuable guidance throughout the legal process. If you need the help of lawyers to know more about court marriage rules, then Court marriage lawyers can be hired, and if you need the help of lawyers for marriage certificate download, the lawyers can provide assistance with the procedure for downloading the certificate. Similarly, court marriage in delhi can be performed by court marriage lawyers in Delhi.


For any type of legal consultation, you can consult and talk to a lawyer at Lead India. You could get online legal advice in India for free. Along with free legal advice online, you can also receive free legal advice in India in return from Lead India.


Call Us: +91–8800788535

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