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IDA, 1869
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IDAChapter XISection 41
Section41

Power to make orders as to custody of children in suit for separation

AI Assist

Summary

In a suit for judicial separation the Court may make interim orders before its decree and include provisions in the decree about custody, maintenance and education of the minor children. The Court may also direct proceedings to place the children under the Court's protection if it thinks fit.

Example

Priya files for judicial separation and has two minor children. While the suit is pending the Court can order interim custody, maintenance and schooling arrangements for the children. The Court can include long term custody and education provisions in the final decree and may direct steps to place the children under its protection.

Bare Act

Enacted text

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 think fit, direct proceedings to be taken for placing such children under the protection of the said Court.

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XI

Chapter XI

Custody of Children

In this chapter

  • 41Power to make orders as to custody of children in suit for separation
  • 42Power to make such orders after decree
  • 43Power to make orders as to custody of children in suits for dissolution or nullity
  • 44Power to make such orders after decree or confirmation
Previous · Section 40Inquiry into existence of ante-nuptial or post-nuptial settlementsNext · Section 42Power to make such orders after decree