CHAPTER XI
CUSTODY OF CHILDREN
Power to make orders as to custody of children in suit for separation41. In any suit for obtaining a judicial separation the Court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said Court.
Power to make such orders after decree42. 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 provision, 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.
Power to make orders as to custody of children in suits for dissolution or nullity43. In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, High Court Division, the Court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders and may make such provision in the decree absolute or decree,
and in any such suit instituted in a District Court, the Court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation,
as the High Court Division or District Court (as the case may be) deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit;
and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the Court.
Power to make such orders after decree or confirmation44. The High Court Division, after a decree absolute for dissolution of marriage or a decree of nullity of marriage,
and the District Court, after a decree for dissolution of marriage or of nullity of marriage has been confirmed,
may, upon application by petition for the purpose, make from time to time all such orders and provision, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents was 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 absolute or decree (as the case may be), or by such interim orders as aforesaid.