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 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.
Legal Commentary & Landmark Judgments: Section 38
Section 38 of the Special Marriage Act, 1954 confers broad discretionary powers on the court regarding the custody, maintenance, and education of minor children.
The child's welfare is the sole paramount legal consideration.
Under Section 38, modern Family Courts prioritize the emotional well-being of the minor. Orders standardly incorporate joint parenting agreements, structured weekend visitations, holiday physical custody sharing, and direct school fee payments to ensure that inter-parental disputes do not alienate the child from either parent.