Child visitation after divorce and without GWA act.
Hon'ble family court Ghaziabad has recently granted divorce plea on the ground of cruelty done by my wife. My ex-wife has given statement during cross examination, that she will not tell the whereabouts of my son. I presume that he is staying with her and going to the school which I do not know. To know his current school, I have filed an RTI from Basic education department.
She has filed for maintenance for my son u/s 125 Crpc during pendency of divorce case. She has not demanded anything for herself because she is working in govt. bank. U/s 125 no provision is mentioned to seek child visitation.
We got separated in Nov 2019. She filed multiple cases against me. Due to lack of evidence/non-appearance all were decided/disposed. I filed for divorce on the ground of cruelty in April 2021 and in may 2023 divorce was granted.
Since 2019, I have met my son only on 5-6 days and that too for few minutes only. During the HMA case, I filed for child visitation u/s 26 and I was granted child custody of 3 hours per day bi-monthly. I feel that law is biased here. Orders are there that father and mother has equal rights, but I was granted 3 hours only to see my son bimonthly i.e. a cruelty on father done by law. My son has right to know and be in touch with his father every day. I pleaded before the court that I wanted to have a video call daily but court didn’t listen. Moreover, when I tried to meet my son as per the order, she along with her accomplice tried to put criminal case against me, I had to call 112 for rescue. In the order of the section 26 application the principal family judge has clearly mentioned that father and son have cordial relation between them.
Since she is working and my son stays with a non-blood relative person after school hours, I do not want him to grow between miscreants. I want to have custody of my son. My queries are follows,
1- I want to take the custody of my son as soon as possible and that too without GWA because deciding the GWA will take time and I will lose more time to meet my son.
2- Should I file application to the police for finding of my son as my ex-wife and her family is not responding to my emails/messages on whereabouts of my son. (I feel seeking police support will be considered an act of cruelty/will create pressure on the ex-wife. Please guide me here)