1) you can get visitation rights of child

2) court would award custody of minor son to mother only as he is too young . seek injunction restraining your wife from taking child abroad

3) for issue of child passport father consent is necessary

4) child cannot be taken into USA without your consent

1)you can file petition under section 9 of Hindu marriage act for restituion of conjugal rights

2) if inspite of decree for RCR passed in your favour wife refuses to stay with you then you can file for divorce after expiry of one year of obtaining decree

3) court would be reluctant to give you child custody as your son is only 3 years old

Shall I get full custody of my child? If not, shall I get weekly 2 days custody of my child?

What are the legal steps which I need to undertake to get sole custody or joint custody of my child?

I am afraid that, they may take him to USA since wife's brother residing there.

Kindly help me by giving adequate advice on this matter.

Instead of knocking the doors f high court, you may file a child custody case in the jurisdictional place where the child is currently residing.

In the same petition you may file an application for visitation rights to visit your child as per the schedule you may mention in it as an interim relief.

If you apprehend that she may send the child to USA with her brother, you may file another petition seeking to restrain her brother or her to take the child to abroad without our consent or permission.

You may inform the passport and immigration authorities that she is likely to take the child abroad without the permission or consent of the biological authority which is illegal and also since there is matrimonial dispute and child custody case s pending before court, she may not be allowed to take child out of country through any exit point.

You take the help of a lawyer to neatly draft this application so that the authorities effectively initiate action on this.

Sir, I am going to file a case of re union of my wife. If she rejects then shall I get ground to file a divorce from Her?

Since my wife not lodged any case in court, shall I get any advantage since I am planning to file child custody?

It is a round about way.

If you are sure tht she will not return even if the court decrees a RCR petition in our favor, it would that you will be wasting time, money and energy on this petition/case.

Instead you can directly file a divorce case on the grounds of cruelty.

Child custody case is different to the matrimonial dispute case.

Do not club them together.

1. On what ground has the court held that the application is not within its jurisdiction? The order has to be perused. The petition for child custody can be filed to the court within the local limits of whose jurisdiction the child has been ordinarily residing. It is worth going to the High Court in your case

2. The court has to decide any petition for child custody on the touchstone of welfare of child. The least that you will get is visitation rights.

3. Since you apprehend that your child may be taken out of India you should immediately move the HC.