The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother’.

you can file for custody in india as child is at present residing in india .

Agree with expert.

She is a U.S citizen and when any one of the parties do not accept India as a jurisdiction of Indian courts, then Indian judgment cannot be imposed on her. Also to be noted is that the marriage has taken place in U.S. There exists SC judgments on the same which may kindly be referred to. Kindly refer to this judgment by the Hon'ble Madras High Court 'Bhashyam Ramesh @ Rajagopalan vs R.Saroja @ K.K.Saroja on 24 February, 2012', which outlines the basic criteria for such issues.

Thanks.

Above views are OK but it may not to be handled in standalone way. The details of the dispute will also have repercussions and custody may come out of it.

Anil Gupta
Delhi

The case can jolly well be filed in India in view of the fact that both the parents and child are residing in India, and one of the parents is an Indian citizen. As a corollary thereto, Indian courts have an inherent jurisdiction to deal with the dispute relating to the custody of child.