law: Indian Divorce Act, 1869 
  41. Power to make orders as to custody of children in
  
  suits 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.