Section 42 of The Divorce Act, 1869
The court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time to time, all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.
Summary
- The court retains power over child-related matters even after a decree of judicial separation has been officially granted.
- To request changes or new orders after the decree, a parent must submit a formal application by petition.
- The court can make new orders regarding the custody, maintenance, and education of minor children.
- The court can also place the children under its protection after the decree is finalized.
- The court has the exact same powers to make these post-decree orders as it did when the separation case was still pending.
Practical examples
FAQ
1. If my judicial separation is already finalized, is the custody arrangement locked forever?
No. You can file a petition to the court to make new orders or change existing ones regarding custody, maintenance, and education.
2. How do I ask the court for a change in child support after the decree?
You must apply to the court by filing a formal petition for that specific purpose.
3. Can the court take a child into its own protection years after the parents separate?
Yes. The court retains the authority to place minor children under its protection even after the judicial separation decree has been granted.
Test yourself
Q1.Under Section 42 of The Divorce Act, 1869, how must a person apply for child custody orders after a judicial separation decree has been issued?
Q2.Section 42 of The Divorce Act, 1869 applies specifically after which type of decree?
Q3.Under Section 42 of The Divorce Act, 1869, what scope of power does the court have regarding minor children after the decree?
Q4.Looking at both Section 41 and Section 42 of The Divorce Act, 1869, what is the primary difference in how they help minor children in judicial separation cases?