I presume your marriage was solemnised in india 

2) if so divorce has to be on grounds recognised by HMA

3) you can file for divorce e by mutual consent in Denmark 

4) consent terms can provide for joint custody of child 

5) if wife is not agreeable for mutual consent divorce you can  file for divorce in Denmark on grounds recognised by HMA 

6) if your wife participates in divorce proceedings it would be valid in india 

7) in alternative file for divorce in india .contested divorce proceedings in india take years to be disposed of 

Wife and daughter being Indian nationals, law applicable to them is Indian law, that is Hindu Marriage Act. There are two aspects to your question.

1. Divorce: following conditions are laid down for validity of divorce granted by foreign Court in by India by SC in case of Y. Narsimha Rao’s case…
2. The court that passed the decree has to be a court of competent jurisdiction which the Act or law under which the parties are married recognises as court of competent jurisdiction to entertain the matrimonial dispute. Any other court should be held to be a court without jurisdiction unless both the parties voluntarily and unconditionally subject themselves to the jurisdiction of that Court. (Even if she submits to the jurisdiction of court there, she can come back to India and claim that she was forced to do so. That is sufficient for Indian court of invalidate the decree of divorce obtained there.
3. Decision of foreign court should be on a ground available under the law under which the parties married and decision should be result of the contest between the parties. (Here also you are on thin ice). Many other conditions are mentioned but it is not necessary to look into all conditions as above two are sufficient to question the divorce decree from a foreign Court.
4. Custody of child: Under Section 6 of Hindu Minority and Guardianship Act, father is natural guardian and custodian of minor after the minor reaches age of five years with visiting rights  to mother. Though this is general law under special circumstances if the  child is girl permanent custody is granted to mother with visiting rights  of father. (Daughter being Indian national, Indian law will prevail over local law).  

She can also file multiple civil and criminal cases like 498A, DV, PDA and other laws against husband and his family in India. If the marriage is with seven years, the burden is on the husband to prove that there is no cruelty. These are facts. The best option for you to settle with her out of Court.

The proposed divorce that is to be taken up in Netherlands, if confirming the grounds for divorce in India as per Indian laws, then it can be held as legally valid divorce.

But for child custody, even if the Dutch court grants the custody to you, if your wife decides to take away the child out of Netherlands, then you may not be able to hold her back because your child is not Dutch.

You may have to arrive at an agreement with your wife in this regard before arriving at any decision 

If you get a mutual divorce in Netherlands then it can be validated in India with your wifes consent for its Admissibilty in india

Hi, It is better you can approach Dutch Court for divorce and if your wife is participating the proceedings then the Judgment passed by the Dutch Court is valid in India.

- As per law, if wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, as per Indian law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Further, if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India. 

- Hence, if you both are residing in one place and file a joint petition in that country of residence , then the decree of divorce granted by that country court will be valid in India. 

- If you both are on two different place , then you both can file mutual divorce petition in India as the marriage was solemnized here, and your appearance on each date is not mandatory. 

- You can settle the dispute of the custody of child at the time of divorce. 

Dear client I am sorry to hear that but in this situation you may file for divorce in the land and your wife may in first that divorce in India however when it so happens that see decides to come to India with the kid nothing can obstruct that because India does not have any International parental abduction law.

When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.

If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

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.

But in the Dutch system of law, in relation to the welfare of children, the Act on Parental Responsibility is the primary source of law. issues of children are not dealt with in a divorce case, but in separate processes.

Jurisdiction in relation to children is governed by the Child Protection Convention for signatory countries. According to Articles 5 to 14 of the Child Protection Convention, jurisdiction is based on grounds mostly relating to the habitual residence of the child. Where the child is wrongfully removed or retained in another country and the child had his or her habitual residence in Denmark just before the wrongful removal or retention. This does not apply if more than one year has passed since the parent with parental rights was aware of where the child is, and that parent has not asked for the child's return within that one year and the child has now adjusted to that new country.

Foreign court decrees of divorce or dissolution of marriage are valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

Decree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for a mutual consent divorce, then it is recognised and valid in India.. If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court.

So think about the nature of custody about the child ,visitation right etc.. before filing a divorce. 

As per the latest Supreme Court judgement which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognised by Indian law. But in the case of custody of Child , the paramount consideration is the welfare of child.

A mutual consent divorce is the best idea. So think about which law is more beneficial to you