The Hindu Marriage Act, 1955 (HMA) is a key statute governing marriage and related issues among Hindus in India. While the primary focus of the HMA is the solemnization and dissolution of marriage, it also makes provisions for the custody and maintenance of children born from such marriages, especially during and after matrimonial disputes such as divorce or judicial separation.

1. Custody of Children: Section 26 of the HMA
The custody, maintenance, and education of children are specifically addressed under Section 26 of the Hindu Marriage Act. This section empowers the court to pass suitable orders regarding minor children while deciding any proceeding under the Act, such as divorce or judicial separation.

Key Features of Section 26:
Welfare of the child is paramount: The court considers the best interests and welfare of the child above all else. This includes the child's physical well-being, emotional needs, education, and overall development.
Temporary and permanent custody: The court can issue interim (temporary) orders during the proceedings and also final orders for custody after the conclusion of the case.
Application by either parent: Either spouse can apply for custody, and the court may also modify its orders later if circumstances change.
Court’s discretion: The court exercises wide discretion, considering factors such as the age of the child, the child's wishes (if they are of sufficient age and maturity), the income and character of the parents, and the environment each parent can provide.

2. Maintenance of Children: Section 26 and Related Provisions

While Section 26 mentions maintenance in relation to custody, the Act does not go into great detail about how much maintenance should be paid. However, courts have the authority to determine an appropriate amount based on various factors.

Factors Considered by Courts:

(a)Financial capacity of the parent
(b)Needs and standard of living of the child
(c)Age and education of the child
(d)Reasonable expenses including (e)healthcare and extracurriculars
In practice, maintenance of children is often handled alongside Section 25 (maintenance of spouse) or under other laws such as:
Section 20 of the Hindu Adoptions and Maintenance Act, 1956
Section 125 of the Criminal Procedure Code (CrPC), which applies regardless of religion and allows a child to claim maintenance from a parent.