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1The Divorce Act, 1869

( ACT NO. IV OF 1869 )

Chapter XI

CUSTODY OF CHILDREN

Power to make orders as to custody of children in suits for dissolution or nullity
43. In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, High Court Division, the Court may from time to time, before making its decree absolute or its decree (as the case may be), 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 Division 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.

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    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, "High Court Division" and "Appellate Division" were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, "High Courts" or "High Court" or "a High Court" and "Supreme Court" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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