1) since child is only 1.5 years old custody of child would be given to mother

2) you would be awarded visitation rights

3)if wife files for divorce she has to come down to India during trial to lead evidence

4) she would have to remain present during her cross examination

5) if wife does not attend court proceedings the divorce petition would be dismissed

your daughter is an Indian citizen

2) welfare of child is paramount consideration

3)mother lap is regarded as gods cradle

4) court may not award you custody of child but you would be entitled to visitation rights

1. Your wife can retain the custody of her child even if she is out of India. A mother is the natural guardian of a child in India who is below the age of 5 years. However, you have the right to visit your child. If your wife denies you visitation rights then you may file a petition in the court to seek access to child.

2. If you apply for mutual consent divorce then both of you have to appear only twice before the court. After the first hearing there will be an adjournment for 6 months. If she does not appear before the court then court will dismiss the MCD petition.

1. There is no hindrance to keep the child out of India .However the court sees which is best for the child.India or abroad is determined by the court for the stay of the child.

2. Since custody suit is civil suit she need not appear in person .Only during trial when evidence is recorded her personal presence would be required.

3.If you manage to take the child and keep her with you then your wife would be forced to file custody suit and seek her custody.

Donote that taking custody from one parent to another is very difficult. In this case gender of the parents is not of much relevance .

1. Is my wife allowed to keep 1.5 years old child with her in a foreign country against my wish?

no, because she is very much professional and reluctant to take care of her child having aware that her child's post natal care is very much depends upon her. you can challenge her claim of custody on the above said ground and this fact is relevant and admissible.

2. How often would she be required to cone down to India for court hearings? What if she refuses to attend the court proceedings?

her physical presence is necessary for

1. admission of the suit

2. framing matter in issue like framing of charges

3. recording of her statement before initiation of trial.

4. during the trial for cross examination

5. at the time of pronouncement of judgment.

1. Is my wife allowed to keep 1.5 years old child with her in a foreign country against my wish?

You can strongly object to her plans if she has one to take the child abroad and also can get a stay order agaisnt her plans to move the child abroad against your wishes or without your consent or NOC.

2. How often would she be required to cone down to India for court hearings? What if she refuses to attend the court proceedings? She holds an indian passport.

If she is not attending the court hearing ion the dates o hearing, the court may call her absent, set her exparte and may pass exparte judgment on the basis of evidence deposed by your in this regard.

The child was born in Bangalore india and holds an indian passport. Wife was working in singapore during the pregnancy but the baby was delivered in India post which she moved back to Singapore. Ive visited the baby twice in singapore.

You can file a child custody case and also for visitation rights.

Let she contest of challenge your case, you be firm on your decision to bring the child back to India and to have its custody.