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Report No. 18

15. Custody of children.-

(i) Subject to the provisions of sub-section (2), in any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree, 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 such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

(2) Where a marriage is dissolved under this Act on the petition of any person, the respondent shall be entitled to the custody of the minor children of the marriage, unless the court, by reason of the special circumstances of the case, deems it just to make an order to the contrary.

(Cf. sections 41, 42, 43 and 44, Divorce Act; section 26, H.M.A.; section 38, S.M.A.)

Converts Marriage Dissolution Act, 1866 Back

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