Wife wants to quit marriage and leave to canada

The Supreme Court with regard to cases of Child Custody often states that it’s not the rights of the parents, but the welfare and interest of the child which is of paramount importance. Section 6 of the Hindu Minority and Guardianship Act, 1956, technically gives that the natural guardian of a Hindu minor (son or unmarried daughter) is the father, and then the mother. Yet again, the number of cases where the mother gets sole custody is same as father getting sole custody (it differs as per facts and circumstances in each case.)

Joint Custody in India is still by and large unprecedented. A recent judgement in 2015, (Read- https://jg.daman4men.in/doc/2015-05-27___Family-Court-at-Mumbai___Petition-A-932______H.H.J.Shri-P.L.-Palsingankar.pdf) marks the first landmark judgement where the court denied awarding exclusive custody to the mother, and the divorcees were awarded with child custody of 180 days each (in a year.) However, it’s hardly likely that the court shall offer the same resolution in your case as it could hamper with her education, even personal growth. (The child having to constantly travel back and forth between two nations.) Either you could apply for sole custody or make some kind of arrangement with the mother of the child. If she’s bent on leaving, and you apply for joint custody, most likely only one of you will be given the physical custody (taking primary care of the child.) 

Same matter/Query;

https://www.lawyersclubindia.com/forum/Bactraking-from-mutual-cosent-divorce-154147.asp

I am sending you a few links.

You may pick up relevant points and discuss wih your own local counsel that is well aware of detailed facts of your matter.