The welfare of the child is of primary importance in deciding cases for custody of child.
The Hindu Minority and Guardianship Act, 1956 clearly provides that natural guardian of a minor child is the father however up to the age of 5 years custody shall ordinarily be with the mother.
the divorced lady but even one who has remarried after the dissolution of her first marriage can be allowed to keep the minor child if the consider that welfare of the child is more secure with her then the natural father.
where father has been granted custody of minor child if it was found that the welfare of the child not secure while staying with the mother.
If your wife after divorce herself is ready to give away the custody of child to the father of the child then court will not interfere in such case, this will be mutual understanding between the parties.
hope you got the answer.
29th September 2013 From India, Hyderabad