1) you will have to make application for child custody at court in Delhi where the child is currently residing

2) since child is only 6 years old court may not award you child custody

3) court would grant you visitation rights for the child

4) it is your case that mother had converted into islam before marriage

5) As per Muslim personal laws, minor children are given to mothers. But after the age of seven years, the mother’s right over the son ends. Girls are given to mothers until they attain puberty.the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends.

Better try to settle the matter amicably. The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute’.Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims.

In the case of minor girl child only you can expect to get day custody and visitation right.

Section 9 of the Guardian and Wards Act, 1890 makes a specific provision as regards the jurisdiction of the Court to entertain a claim for grant of custody of a minor. While sub- Section (1) of Section 9 identifies the court competent to pass an order for the custody of the persons of the minor, sub-sections (2) & (3) thereof deal with courts that can be approached for guardianship of the property owned by the minor.

Section 9(1) alone is, therefore, relevant for our purpose. It says :

"9. Court having jurisdiction to entertain application - (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having Jurisdiction in the place where the minor ordinarily resides."

3) you can take the plea that child ordinary residence is hyderabad .

You can file a suit for custody, citing the following reasons:

1) Her mother is working, so she cannot take care of the daughter

2) She is bad tempered, cannot bring her up well

3) You can provide far more financially secured life for your daughter.

You can very much file this suit in the place you live and where you daughter was born. However, if she protests that the case should be transferred to the place where she lives, the court may consider it, but it is again 50-50 chance.

Go ahead with your case.

Section 9 of the Guardian and Wards Act, 1890 makes a specific provision as regards the jurisdiction of the Court to entertain a claim for grant of custody of a minor. Court having jurisdiction to entertain application - If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having Jurisdiction in the place where the minor ordinarily resides."Jurisdiction in 'child custody' is purely based on 'ordinarily residence' of child on the date of presenting the said Petition . So Delhi has the place were file the petition

You can file a child custody case and seek the child back into your custody for plenty of reasons, the main being her education and her future interest.

Filing child custody case at Delhi would be more effective than filing the same at Hyderabad.

Child custody case can be filed even without getting divorced.

Why should i file in delhi? Its just over a month that she has left my wife n child has all their details and id made here in hydrabad including aadhar license and even Ration card in a pretext of spending summer vacation she went n now planning not to return.. So can i file here in hydrabad court n try to present them here in the court

Filing a child custody case in Hyderabad would be facing practical difficulties especially when you get a decree in yor favor, the execution of the same would be tedious and practically difficult

So can i file here in hydrabad court n try to present them here in the court and moreover my wife converted to islam before marriage n now returning to her orignal faith she was born ie Hinduism and my child too is now taken there in that environment where she was never introduced to is it not cheating n fraud from my wife side how can she do that after 10 years of marriage.

Child custody is a different subject to that of what you have added now in this question. No doubt you can express that fear and make pleadings accordingly but if you feel that she has changed her faith and reverted to her original religion, you have remedy in law to seek divorce on the said grounds.