Section 26 of the Hindu Marriage Act says the Court may, from time to time, pass interim orders and make provisions in the decree as it deems are just and proper with respect to the custody, maintenance and education of minor children in any proceeding under the Hindu Marriage Act (of divorce, judicial separation, etc.).

This is done taking the wishes of the children into consideration wherever possible.

The Court may also from time to time make 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 after the decree. This is done upon application by petition for the purpose.

Further, the Court may from time to time revoke, suspend or vary any such orders and provisions it had previously made.

Earlier, the trend was to grant custody of minor children to their mother. However, in recent years, Courts have become far more flexible and there are an increasing number of cases where the father is granted custody. In one such case, that of Mausami Moitra Ganguli v. Jayant Ganguli, 2008, which although not filed under the Hindu Marriage Act, the Supreme Court held that the child’s welfare is the primary factor in deciding in whose custody the child should be place.