Can husband fight child custody case in US & India court both?
My husband and I are both Indian citizen and staying is US for 10 years and our child is US citizen by birth. When I came to India with my child 6 months back my husband filed for divorce & custody of our child in US court. After this I filed for Child Custody and support in Indian court and the court emailed summons to husband in USA. For a 2 months my husband did not respond to summon but before the final hearing my husband got a Indian lawyer to appear in Indian court and he told the court in writing that "I even if he gets child custody from US court he will not enforce that order in India" and on basis of that statement Indian court refused the custody of my child to me in India. In India I am getting calls from US Embassy and they want to meet my child and I am worried if they would take away my child.
1) If my husband has appeared for the case in India through his lawyer why did Indian court not ask him to take the custody case back in US court?
2) Is it not an insult to Indian court that while case is in hearing in India he is also contesting the case in US court? How can Indian court accept judistriction of US court when both ppl are Indian and appearing in Indian court?
3) Is the judge has refused custody on basis of a letter by husband what can I do? Can I not present these points to the judge and question the judge in Indian court?
4) I have checked the status of case in US court and the case is scheduled for next hearing next month so my husband will eventually get custody in US court as I am not appearing in US court. This is injustice and I want to know how to convince Indian court about this.
5) US Embassy called me that they want to visit and look at the child. Can I refuse to take their calls and if the come to my home can I refuse to allow them to meet my child since the custody case is in Indian court?