Separation and child custody nri parents ,foreign citizen child

We were married in india (Hindu)came to New Zealand for work. Due to covid had to give birth to our child here who is NZ citizen. I want to go back to India to raise child in India, husband completely opposed and blocking us. What rights I have as mother of a girl child ? Can Indian law be upheld here (mother gets custody for under 5 year old). As per law here, he can apply to block us from leaving country and court here will take over my child, which is very messy. Willing to live with him but only in India, he is stubborn to not relocate.

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Advocate By LEAD INDIA Answered: 09 Feb 2023

Hello mam,

As the parents are Indian then child will also be the Indian Citzen and she will have all the rights as per the Indian law and thus if the husbandis blocking you can file for different civil remedy and to know in detail please call on our helpline number,

thank you

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