Guardianship of Infants Act, 1964

Custody where parents are separated.

18.—(1) In any case where a decree for divorce a mensa et thoro is pronounced, the court may thereby declare the parent by reason of whose misconduct the decree is made to be a person unfit to have the custody of the children (if any) of the marriage or of any children adopted under the Adoption Act, 1952 , by the parents jointly; and in such case, the parent so declared to be unfit shall not, on the death of the other parent, be entitled as of right to the custody of the children.

(2) A provision contained in any separation agreement made between the father and mother of an infant shall not be invalid by reason only of its providing that one of them shall give up the custody or control of the infant to the other.