Notwithstanding anything written in Section 114, upon termination of the marital relationship of the husband and wife according to the law, the minor born of them shall be under the custody of the mother or father as follows:-
(a) In the case of a minor who has not completed five years of age, the responsibility of the mother, regardless of whether the mother has remarried or not, if she wishes,
(b) In case of a minor above five years of age, except in the case of the mother remarrying, if she wishes, her responsibility,
(c) Father's custody in cases other than clause (a) or (b). (2) Regardless of what is written in sub-section (1), it shall be in accordance with the same if there is a separate agreement between the husband and wife regarding taking custody of minors during divorce or separation.
(3) Regardless of what is written in sub-section (1), the opinion of the concerned minor can be taken when making a decision as to who will be in charge of the father or the mother of a minor who has completed ten years of age.
(4) Notwithstanding anything else written in this section, if a minor is under the custody of either of the mother or father under this section, in the event of the death of the parent or mother who is in charge of such minor, the surviving mother or father shall immediately take charge of such minor. But if the mother has married again, she will not be taxed to take charge of the minor who has completed five years.
(5) Notwithstanding anything written elsewhere in this section, if the husband and wife differ according to the law, if there is any agreement between the husband and wife regarding the arrangements for the upbringing, education and treatment of the minor, such as if they have any minor, it shall be as follows:-
(a) In case of a minor who has not completed five years, the custody of the mother,
(b) In the case of a minor who is five years or more and has not completed ten years, the father's responsibility,
(c) If he is a minor who has completed ten years of age, he will be in charge of his mother and father with whom he has agreed to live.