My rights after separation from husband.

Yes you can file criminal case under section 498a/406 and civil case under Domestic Viloence act. Remedy of maintenance will be granted by court within 1 year for yourself and son. Criminal case would put lot of pressure on husband to give mutual divorce. Due to recent SC judgements, arrests don't happen in 498a cases but it will cost your husband good chunk of money (legal fees) to defend the case.

If the battle become along and protracted, legal fees for you will also start piling up very quickly. Husbands these days usually files counter cases and matter quickly goes to filing transfer petitions, speedy trial petitions in High court and Supreme Court. All these things are very expensive and time consuming. Since parties have to spend so much on legal costs, parties become stubborn, they are willing to spend every penny on fighting but not a penny to give to wife and child. It is ugly situation where no one wins, both sides lose time and money. The lawyers and police make lot of money.

Reaching a mutual and amicable settlement without courts is the easiest and fastest route. Try your best to get an alimony and divorce through this route. Litigation should be absolutely last resort. Given the extremely slow and corruption ridden justice system in India, my opinion is that even when it comes to last resort, matrimonial litigation is not worth it. .