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.