Child interim custody

Hello All

I am fighting for the custody of my son, the following are some details :-


I am 38 Years of Age, Male, self employed person
Son is 9 years, foreign passport Holder and currently living with me in the same house (PIO card). He is studying in IV standard in a school in Gujrat. All this while his schooling has been in India, infact he was 2 and a half years old when i brought him to India.
We stay together in Gujrat with my mother, my father and my unmarried elder sister (She is woking for a reputaed company). 
 My wife (Also a foreign passport holder and living in India on PIO card and as my spouse) and myself are living separated (She stays in nearyby locality)


My wife oggles bitterness by not allowing my son to talk or to meet me whenever he is with her. She takes him from me abruptly by saying she is her mother and she has first right on him. She emotinally black mails him a lot. She also has become physical to my mother, my sister and myself. Since my son likes to stay with my family and myself and has desired verbaly to us many times, I have brought him to stay with us.Soon he will be having his annual exams and I want to keep him with me.

 

Now my question is that:-


How can I get my son to stay with me for a longer time (Legally) immediatey (We have already contacted the CHILD PROTECTION helpline 1098) they have the knowledge of my son's wishes to stay with us.

File a Petition seeking custody of the son under the Guardians and Wards Act.  Assuming that the very fact that the three of you are now staying in India and that the minor son is attending school here should make the place where you stay the " ordinary residence" of the child.  
Since he is a foreign citizen (So is his mother) How can I prevent him by going away from India (The passport is with his mother) ?

In the said Petition, file an Injunction Application for restraining the mother from taking the child away from the jurisdiction of the Court. Remember, unless and until there is a case pending and orders passed, a mother taking a child away cannot be called unlawful custody. 
We have not been able to come to a mutual consent for Divorce, I want to first secure my son and his custody. (If his mother was capable, I would have not fought for his full custody) 


Kindly advice at the earliest as I have only few days to appaer for the Family court for his immediate custody.

 

Regards