true, your concern on child is indeed welfare of child as father and it has to be weighed with the child's mother concern on chid and if yur concern outweighs then the custody of kid will be given to you but you have to prove to the court how much you are concerned.
court may ask a question when you a spouse how you did not share with the other spouse who wanted to be back in india, after spouse principle per hindu thought, the woman shall follow the husband but thought has undergone a metaorphic changes of late, when woman is to work on a job . So it is vital both spouses mutually strike the balance. If husband does not have such a balance he should not marry a working woman. Here you committed great mistake as you are a domineering husband.
when you marry a domineerng woman then that kind of marriages cannot survive.Woman as a mother has a better concern than the husband per hindu dharma sastras.
So if you are really concerned of the child then there should be great give and take with other spouce. You should have agreed to otheouse's sensible wishes or desires. It seems she could not put up herself in USA, so she wanted you to be with her in india. She was not happy in USA and either you should have convinced her or just yielded and be happy to be back in india may be it may have been an economic disadvantage but married lives are not essentiallly based on economic advantages so it is a concern of family.But what i see here you want economic advantages and that way you did not compromise for having a sensible family. family never means economic advantages alone but love of family and in that way when looked in you realy did not have concern for family but you just want the child either at your custody or want to force your spouse to leave the job to take care of the child.
So your concern on child is not adequuate as you really did not care family as such will be the likely court's view and that way court will say your spouse to support the child had gone for job and kept the child at the custody of her own parents. naturally parents of the girl/woman is the most trust worthy guardian.
so you are advised not to pursue, as your concern will not be treated very genuine by any court of law.
incidentally if you want to just fight you can fight, i do not think you will succeed. you will only waste your moneys on advocates/attorneys as advocates are not fact representatives as your own facts will be groundless. sorry you could have had a sensible family but for your adamance it seems! sorry. adv dr g balakrishnan counsel supreme court of India.
