You can file petition seeking sole custody of your son in UK 

2) welfare of child is paramount consideration 

3) court  may  be inclined to award your wife custody of son 

4) you can at best get joint custody 

- As per law, a mutual divorce granted by the foreign court is valid in INDIA , and further no validation required from the Indian Court. 

- If she is not interested to live with you, then you can take her consent for filing a joint petition for getting mutual divorce in UK.

- Further, you can settle the matter of custody of son with her before filing the joint petition. 

- Further , if she is not ready to give custody , then you can file a petition for custody in UK (If son is a citizen of UK).

You can file it wherever suits you if you have physical custody. If she is in UK with child then it's better to file in UK and if she is in India then India 

Hi, You have to  approach the Indian Court for custody of the Child.

There are two subjects before you, the first one is troubled marriage and divorce; the second on being the child custody.

You may have to deal with both the subjects as per law accordingly.

You can apply for child custody at UK itself if you are already residing in UK with your child and wife, but since you are all living together, the court may not consider your application because there is no necessity for that, however if you file the divorce case and request to cancel her dependent visa, in that case she may have to leave UK for India, then you can apply for child custody, however if the child is not a UK citizen, the custody case may be challenged by her and she would file an application to stay back in the name of child custody.  

You decide about dealing with this subject as per the country's law you may choose, before that you may consult an attorney in that country

1. You can not force her to leave UK since she is an independent  citizen.

2. You can withdraw your consent while renewing her Visa if she is on your dependant visa.  

As per UK laws, custody cases are usually dealt with in the country where the child is habitually resident. In your case, since you and your family have been residing in the UK for the last year or so, it is likely that the UK would be considered your son's habitual residence.

In the UK, the court considers the welfare of the child as the paramount consideration. The court would try to ensure that the child's best interests are protected and that they have a safe and stable environment to grow up in. The court would also consider factors such as the child's wishes and feelings, the capacity of each parent to meet the child's needs, and any potential harm the child may suffer.

To obtain custody of your son, you may need to file a petition in the UK family court. You may want to consult a family law solicitor who can guide you through the process and advise you on the best course of action. It is important to note that custody cases can be complex and emotional, so it may be helpful to seek the support of a counsellor or therapist during this time.

In addition to obtaining custody, you may also need to deal with issues related to your wife's immigration status. You may want to consult an immigration solicitor who can advise you on your wife's rights and obligations in the UK and help you navigate the immigration process.

It is important to remember that this is a difficult and emotional situation, and it is important to take care of yourself and your son during this time. Seeking the support of family and friends and taking care of your mental health and well-being is important as well.

No fault divorce is not valid in India 

2) child arrangement order signed by both parties is binding 

3) in event wife files any application in India rely upon certified copy of court child arrangement order 

1, No fault divorce granted by US court is not recognised as legally valid divorce in India for the marriage solemnised in India as per Indian laws.

2. In India, a proper order from court giving custody of children to either of the parents is recognised as valid.

Therefore, you may have to obtain child custody order alone 

- No fault divorce decree is not valid in INDIA. 

- You can enter into an agreement /settlement deed with her in UK , and attested the same from the consulate of India. 

1. You shall have to get the said decree of divorce mutually obtained in the UK  duly vetted by the appropriate District Court in India by filing an application to that effect. Till then the said decree passed by the foreugn court will not be considered as valid.

2. Both of you can file a mutual consent divorce petition with all the mutually accepted  terms in India which will be considered as valid all over the world.

It’s not admissible in india unless you validate the said divorce ijndia

If you obtain a no-fault divorce in the UK, it may not be automatically recognized in India. However, under Indian law, foreign judgments can be recognized and enforced in India if certain conditions are met. You may need to consult an Indian lawyer who is experienced in international family law to determine the specific requirements for recognition of a foreign divorce in India.

Regarding the child arrangements, if you have a legally binding "Child Arrangement Order" in the UK, it may be possible to enforce it in India. However, the Indian courts may not have the same approach to child custody as UK courts, and it is possible that your arrangements may be challenged in India. It is advisable to obtain legal advice from an Indian lawyer who is experienced in family law to ensure that your child arrangements are recognized and enforceable in India.

You can also consider notarizing your Child Arrangement Order at the Indian embassy in the UK or through a notary public in India. This may help to establish the authenticity of the order in India and could be useful in case of any future disputes.

It is important to note that family law matters can be complex, and the laws and procedures can vary significantly from one country to another. Therefore, it is advisable to seek legal advice from experienced lawyers in both the UK and India to ensure that your rights and interests are protected.