Child visitation rights

Hi Sir, My wife deliberately created an issue and called dial 100 and went to her parents home now its been 5 months she is staying there only, as i am very affectionate to my son so tried in many ways to see my son and asked her to come with me. But she is stubborn and she put a demand like if i leave my parents and my current living place then only she comes otherwise she won't come. then i waited for 5 months and went to police station and submitted a petition to give the counselling to her as she is neither coming to my home nor allowing to see my son just because the law is favor to women. So when the police called she said she needs 10 days time and then immediately after 10 days i received a legal notice with so many false allegations and added that my parents and me are demanded for dowry and beaten her so i am now in plan to send her my notice. but just need an advice after i sent my reply to her legal notice suppose if there is no action from her side, will i be able to apply the visitation rights? or only after the case filed will i be allowed to apply the visitation rights? or just guide me the possible ways to see my son at least weekly once