26. Custody of children.-
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.
1[Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]
Custody: Mother or Father
Considering the welfare of the children in the peculiar facts of the case the custody of children should be with the mother; Anita Krishnakumar Kachba v. K.R. Kachba , AIR 2003 Bom 273.
1. Ins. by Act 49 of 2001, sec. 9 (w.e.f. 24-9-2001).