You need to contact a lawyer in Singapore and file petition seeking sole custody of your child 

since child is in Singapore you have to file petition where child is staying 

Since the child is in Singapore there is no need to file custody case in Singapore.

In India where you are presently residing can file the suit for custody. 

1. The place of residence of child is place of jurisdiction of Court, in your case it is Singapore. Explore possibilities of free legal aid there, every nation provides such free legal aid to those who cannot pay.
2. The law is, father will have permanent custody of child after five years of age with proper visiting rights to mother. There are exceptions, as father  is abroad in your case you can claim full custody.

   You have many options. Law is in favor of women. Following  remedies are available to you…

   1. Under Domestic Violence Act, 2005—

   1.You, any relative or friend on your behalf or an Advocate  engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…

   1. Protection order prohibiting husband from—
   2. committing any act of domestic violence;
   3. entering the place of your employment;

   iii. attempting to communicating with you;

   1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
   2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
   3. Monetary reliefs:
   4. To meet the expensed incurred and losses suffered as a result of domestic violence;
   5. Loss of earnings;

   iii. Medical expenses;

   1. Maintenance for wife and children;
   2. Lump sum payment.
   3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
   4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
   5. 
      Code of Criminal Procedure, 1973, Section 125/B.N.S.S. 2023 Section 144: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
   6. 
      Indian Penal Code, 1860: You can file criminal case under Section 498A/ BNS, Section 85, if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
   7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father.
   8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

    It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

   It is strongly advised that you should…

   1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
   2. Restrain him from house transferring as the same belongs to you son.

No custody can can be filed in India if you require and you can proceed with the same through MEA dept

He may say that you abandoned the child and flew to india.

You should have raised this query before departing singapore.

Neither trial court nor high court has jurisdiction to entertain such matters as it is beyond their territorial limits. 

File a police complaint without delay against him and his parents which shall force him to come to terms and an opportunity for you to seek custody of your child.

G.Rajaganapathy

Advocate

High Court of Madras

If your marriage with him has not been dissolved by divorce, then you can lodge a criminal complaint for dowry demand, cruelty and other offences against him as well as his parents. 

you can maintain child custody case her in India too, since he is on a temporary visa there, he has to come back to India, hence after obtaining an order in your favor, you can execute the order once the child is back in India.

The DV case is of no importance neither the complaint with women commission will come to your rescue. 

You have to file proper cases in the court , if this advocate is not reliable you can change the lawyer

1. No, you cannot instruct his employer to cancel his Visa, your spouse and his employer are in employer and employee relationship which cannot be interfered by a third person. You may have to look for solution through court alone. 

2. There is no use of filing a case in Singapore because he is staying there temporarily and once his assignment is completed he will return to India, you may have to waste your time, money and energy unnecessarily on this.

3. You don't require translation of case details from English to Chinese when you file the child custody case in India, you may think about changing the lawyer 

4. You may have to look for one yourself, we cannot recommend anyone.

5. Since you have already returned to India, you may have to take legal action as per Indian law only. 

You can inform his employer bout pending cases against your husband . Request them not to renew his visa 

2) petition for child custody has to be filed where child is residing 

3) check on website for lawyers from Delhi 

You can file proceedings in India as well as Singapore but in Singapore you need to proceed as per their law. 

Dear Client,

Your case involves child custody, domestic violence, and international jurisdiction issues since your husband and child are in Singapore under a temporary work visa, and you have returned to India. Below is a structured legal strategy to maximize your chances of getting custody and justice while avoiding unnecessary expenses.

1. Can You File a Child Custody Case in India?

Yes, you can file a child custody petition in India under the Guardians and Wards Act, 1890, on the following grounds:

The child’s permanent residence is in India (before moving to Singapore).

You are the natural guardian under Hindu law, and the father took the child unlawfully.

The child is wrongfully retained in Singapore, and you were forced to leave under coercion.

Jurisdiction in India:

File the case in the Family Court of your last place of residence in India before moving to Singapore.

Mention the precedent set by Indian courts, where the child's "habitual residence" plays a key role in custody disputes.

✅ Strategy:

Request the Indian Court to direct the Ministry of External Affairs (MEA) and the Indian Embassy in Singapore to facilitate the return of your child.

Ask the court for urgent interim custody orders to prevent your husband from taking further steps in Singapore.

2. Can You Take Action Against His Work Visa?

✅ Yes, you can approach:

His Employer

Inform his employer about the DV case and child custody case in India.

Employers of multinational companies do not support employees involved in criminal/domestic violence cases.

Request the employer to intervene and facilitate communication regarding your child's return.

Ministry of External Affairs (MEA) in India & Indian High Commission in Singapore

Since you filed a police complaint in Singapore, submit a written request to the MEA in India to take up your case with Singapore authorities.

You can email a petition to MEA’s NRI Cell and request that the Indian High Commission in Singapore intervene in your case.

???? Action:

Write a formal complaint to MEA (NRI Division) and the Women and Child Welfare Ministry to raise the issue through diplomatic channels.

3. Do You Need to File a Custody Case in Singapore?

✅ No, filing a case in India is legally valid if you prove:

The child's habitual residence was India before moving to Singapore.

The father illegally retained the child and forced you to leave.

Singapore courts may not consider it abduction but will weigh in habitual residence & best interests of the child.

❌ Issues with Filing in Singapore:

High legal fees for a foreign lawyer.

Language barrier (Chinese translations) making proceedings costly.

If your husband returns in July 2025, the case in Singapore will not help much.

???? Alternative:

Instead of filing a custody case in Singapore, file a Habeas Corpus petition in the High Court of India to seek government intervention for your child’s return.

4. How to Proceed with MEA & Indian Authorities?

✅ Steps to Take Now:

Contact the Ministry of External Affairs (MEA) - NRI Cell

File a request with MEA’s NRI Cell & Women’s Cell for child repatriation.

Provide a copy of your Singapore police complaint.

Send a Legal Notice to the Indian High Commission in Singapore

Ask them to initiate talks with Singaporean authorities.

File a Petition in the Delhi High Court (If Needed)

If MEA does not act promptly, file a Habeas Corpus petition in the Delhi High Court to direct MEA to intervene.

5. Finding an Affordable Lawyer in Delhi or Singapore

For Delhi, look for family law experts specializing in NRI custody disputes.

For Singapore, contact free or low-cost legal aid services like:

Singapore Council for Women’s Organizations (SCWO)

Legal Aid Bureau Singapore

case for custody can only be filed where child is presently residing. Permanent address or address of child prior to going to Australia does not matter nor can be basis for claiming custody of child. Issue of custody can be handled differently and strategically instead of jumping to claim custody. If required consult with detail. 

MEA cannot force employee to come back to India 

2) TCS would not withdraw Visa 

No they can’t force only can issue directives 

The MEA cannot pass any orders to extradite a citizen residing at abroad without any heinous criminal offenses charged against him and an Indian court has passed any order to bring him back. The child custody case filed in India will be conducted on merits and custody orders may be passed in favor of the petitioner. 

After that the petitioner has to take legal steps to execute the court order in that country as per the laws of that country provided that country entertains any such request.

The TCS is not bound by an outsider's interest to take action against its employees without any valid reason or an offence committed by the employee against the interest of the organization. 

You may have to look for free legal aid in that country through your own sources. 

No case of FIR is made out as father too us the natural guardian. As per law if father take his child then no case of kidnapping etc are made out. Such matters of custody are otherwise are civil dispute. 

If FIR is lodged against husband he will have to cooperate with investigations failing which LOC would be issued against him 

Even if there's a FIR registered in the event he is not responding to the notice by police then the police may recommend to issue a non bailable warrant against him.

But this may not put pressure on him to return nor the police will be able to extradite him to India.

You may wait and watch the developments.

No he can take ABA if FIR is filed or even before filing of FIR