Firstly the custody case filled by the Canadian mother in India under the Guardians & Wards Act,1890 is applicable to the parties and decision made by the Indian court under this Act is valid for Canadian mother, father and child issue relating to custody is valid. However since an ex-parte order made against the father, he can always challenge such order and get order/decree passed by the trail court set aside by making application under Order 9 Rule 13 of the Civil Procedure Code. The power of atorney given to the Indian advocate to appear and get the order set aside is very much possible without personal presence of the respondent who lives in Canada.
Secondly, the parties are supposedly Hindus by religion and got married in India according to Hindu form of marriage covered under the Hindu Marriage Act,1955. The wife will file for divorce in Indian court under the Hindu Marriage Act,1955. The Canadian husband can always challenge the divorce petition filled under the Hindu Marriage Act,1955 on the ground that both parties are Canadian and domiciled in Canada hence the Hindu Marriage Act,1955 is not applicable to them as per section 1(2) of the Act and as per the Principle of law laid down by the Supreme Court of India in the Sondur Gopa vs Sondur Rajini case. The husband can file application under Order 7 Rule 11 read with section 151 of CPC in the Family Court where the divorce case is filled by the wife and try to get an order that will prevent wife for getting divorce in India under the Hindu Marriage Act,1955.The power of atorney given to the Indian advocate to appear and get the order set aside is very much possible without personal presence of the respondent who lives in Canada,
The criminal complaints/cases if have been lodged/filled in India can be challenged in the High Court by getting those set aside/quashed on the ground of jurisdiction of the Indian court if the offences reported were not between Indian citizens and were not happened in the India. False complaints can be quashed by the High Court without the accused personal present in India with help of his power of attorney.
The above mentioned legal issues will help the Husband to dictate terms to the wife, get the complete physical custody of the minor child and take the child to Canada with him. This formula helped me for my Indo-American client to get his minor child's complete physican custody from the mother who happened to do the same by taking the child out from USA., came to India and filled divorce case in India. Many more like matters for my foreign clients struck by Indian laws while sitting outside India, I had privellage to handle and settle them in their favour. The Indian laws favour women no doubt about it but if you get services of experienced lawyer in field men can achieve a lot and be satisfied.