Restitution of Conjugal rights related

I am a person from Kolkata working with an IT company and deputed since last 3 years in Switzerland . I am currently legally an NRI status holder although I am not a citizen of India. My wife also works with the same IT company. We have a 3 yr old son. My wife and son were with me staying in Switzerland for a year on child care leave . She was not happy staying out of Kolkata which is her comfort zone . She came back on in Nov 2022 back to India to report to work in India and then come back to Swiss within 3 months so that the permit does not expire. However she informed only after 2 months in India that she did not intent to come back. Admitted my child in a scjöhool in India. Had she come back even for a few days or weeks , her permit would not have been revoked and she could have had the freedom to come and go. However she closed all doors of that and now I am away from my child without staying with them for 14 months. She does not stay in my paternal home which just 2 IMs away from her father’s home and continues to stay there. She does not even let me spend time properly with my child when I come to India on a weeks trip. Can I file for Restitution? What if after the restitution filing she goes and starts living with my parents. She can anyways not come without a visa and start staying with me because she did not return in time and her old permit is now auto cancelled by Swiss authorities. If she has to come again iit will take 7-8 months before she gets another permit. Ideally for the trauma she has made me go through I would rather not live with her. We were married under Spevial Marraige Act