law: Indian Divorce Act, 1869 
  43. Power to make orders as to custody of children in
  
  suits for dissolution or nullity 
  In any suit for obtaining a dissolution of marriage or a decree of
  
  nullity of marriage instituted in, or removed to, a High Court, the court may
  
  from time to time, before making its decree absolute or its decree (as the case
  
  maybe), 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 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.