application for custody has to be applied for where child ordinarily resides

2) it is better you apply for custody of your child from delhi

3)enclose documentary evidence in your possession of wife violent and abusvive bahaviour towards you and the child

4) welfar of child is paramount consideration

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.

1. The court is concerned only with the welfare of the child and hence there is no preference between mother and father.

2.if you could establish with the evidences you have mentioned the welfare of the child is at grave stake with her mother then you will certainly get the custody.

3.However do note that the court prefers status quo on custody and hence the onus is upon you to prove your case for custody.

4.During the pendency of the suit you will get the interim visitation of the child.

5. The suit can be filed in Kolkata if the child is taken away very recently.

If you wish to have further assistance on custody suit feel free to contact me.

1. As per law, mother is the natural guardian of her child up to his/her 5 years of age and female children are allowed mother's custody even thereafter for obvious reason.

2. If you can irrefutably prove that your wife's mental state is not conducive of raring your child properly, you should file a child custody case before the Court at Kolkata.

3. She can file an application before the Supreme Court for getting the said case transferred to Delhi.

The child custody case filed in the jurisdiction where the child is currently residing will be more effective than filing a case in your home town.

Your wife's harsh and cruel behavior with your elderly parents, the copy of the complaint with the police i this regard, your wife's cruel thrashing of your child and the complaint with the police, her treatment particulars for the psychiatric treatment she had to undergo, and many more such evidences may be produced before court along with the proper pleadings while drafting the child custody petition and you may argue and bank upon the said reasons while conducting the proceedings and making final arguments in the child custody case that you intend to file.

Such things will add strength to your case.