41. Power to make orders as to custody of children in suit for separation.—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 such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children
under the protection of the said Court:
2
[Provided that the application with respect to the maintenance and education of the minor children
pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of
notice on the respondent.]
42. Power to make such orders after decree.—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.
43. Power to make orders as to custody of children in suits for dissolution or nullity.—3
[In
any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a
District Court, the Court may from time to time before making its decree, make such interim orders as
it may deem 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.
44. Power to make such orders after decree or confirmation.—4
[Where a decree of dissolution
or nullity of marriage has been passed, the District Court may, upon application] by petition for the
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 was the subject of
the decree, or for placing such children under the protection of the said court, as might have
1. Subs. by Act 51 of 2001, s. 24, for certain words (w.e.f. 3-10-2001).
2. Ins. by Act 49 of 2001, s. 3 (w.e.f 24-9-2001).
3. Subs. by Act 51 of 2001, s. 25, for certain words (w.e.f. 3-10-2001).
4. Subs. by, s. 26, ibid., for certain words (w.e.f. 3-10-2001).
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been made by such decree absolute or decree (as the case may be), or by such interim orders as
aforesaid.