Dear Sir,

Since the child having British citizenship as such Indian laws are not applicable to him.  As such the issue should be resolved in British Court.

Yes for child custody a case has to be filed where the child is residing.  You need to file for custody or visitation right before the family court of district in which your wife is residing with child.

1. If the child is born in the UK and is a British citizen, then the child arrangement will be in accordance with the British law.

2. However, the decree of divorce passed by the U.K. Court in connection with the marriage solemnised by the couple in india as per Hindu Marriage Act or special Marriage Act shall not be considered as valid in India.

File application for sole custody of child in India 

2) welfare of child is paramount consideration 

3) court would award mother sole custody of child 

Please file a petition in family court in India for the custody of the child and the settlement will be done in Indian court as per the decision of the court on the basis of contest of both the parties and agreement there in

1) You can go for divorce as per Indian foreign marriage act.

1. The foreign decree is binding in India or upon Indian court as well provided the law governing the settlement is recognised in India as well.

2. The arrangements made in UK over the custody or visitation of the child keeping his welfare in mind is very much valid and enforceable in India also.

3. So if both you are agreeable to terms of settlement over the child then there is no need for separate arrangements from court ``needs `to  done.

Indian court can't settle NRI custody dispute.  

1. As per the information mentioned in the present query, makes it clear that child has been residing in India, and the financial arrangements for the child should be made in India only.
2. Yes, arrangements should only be there where the child has been residing to make his comfort at first priority.
3. And now a days, due to the advancement of the technology, it is not taking more than few minutes to do the same via internet.
4. And when child happens to move to any other country, then also the same should be made there only, which can be done just by making an application for the change in place or would be more better if the court order records the place and then subsequently a line adding or at any place in future.

The divorce proceedings also cannot go on in British courts as you both are hindu and the marriage was done as the hindu marriage act. If the wife has consented to the outcome of the courts in Britain and has acceded to the jurisdiction of UK then the decree is valid but will have to be executed in India in order to be valid in India.

Child custody issues have to be decided by the family courts in India and appropriate applications must be filed before the family court.

Regards 

1. The child may be a British passport holder but even if there is a decree passed by the court in UK on child custody it cannot be executed verbatim in India. The proceedings for child custody should be filed in India under the Guardians and Wards Act.

2. Either parent is at liberty to avail his/her remedies under the Guardians and Wards Act.

This is a practical issue.

If the child is living in India, then the UK court cannot compel the guardian of the child, i.e., the mother to bring the child to UK for this purpose.

You may wait or look for alternate options on this.

You can file divorce and custody in India or uk as per the respective laws. The decree passed by UK court can be validated in India and binding.

yes, it is true but if both the parties are mutually agreed then it can be done in UK too.