He cannot hold you but child visa will process by mutual consent of parents, he can hold that. Custody of child rest with mother but to take baby out of country, either father consent or court order. 

You need to file the case for child custody. If you have custody then you can take them anywhere if there is no court order for custody or visitation rights. Otherwise you need to file for custody of the children

Welfare of child is paramount consideration 

2) you can seek sole custody of your child 

3) husband would be awarded visitation rights 

4) to take child abroad you would need your husband consent 

5) you can with court permission travel abroad with child 

In your case husband will get son custody as per GWA. So you can ask NOC to him to go Canada and confirm that you will return back. First get your target fixed and achieve that as of now on his terms and conditions later on you can play in dollar's.

See since there is no.court order.for.chd custody for visa there can be requirement of same if though same is not asked you can travel outside India with kid and the husband cannot file any criminal.case though he can file for the child custody.

1. Has the court passed an order of injunction to restrain you from taking the child out of India? If the answer is in negative, you are free to go out of India with your child. Your husband cannot stop you except with an order of injunction.

2. Either parent is at liberty to file a petition for child custody in the competent court. The courts have to decide the matter on the touchstone of welfare of child.

Dear Madam,

In a proceedings before Matrimonial Courts, the Courts have to decide the question of custody of children. The Courts retain this power not only during the pendency of proceedings, but also after passing of a decree. It can revoke, suspend or vary, any such order made earlier. While giving the custody of a child, the Courts have to keep in mind the welfare of a child which is a paramount consideration. Though other factors are also important, but welfare of the minor is of utmost consideration while disposing of an application for custody of minor children. The wish of a child is also equally important. But the wish of the child becomes relevant, if the child is old enough to make an intelligent preference. in the case of a female child generally the Courts have given custody to the mother as on attaining the age of puberty, such child requires the care and attention of the mother. Thus, over and above of all factors, it is the welfare of the child which is the decisive factor while deciding the question of giving custody of a child.

Dear Sir,

If there is no stay order and condition and then can move to Abroad without permission of the Court. You have to apply to the family Court for child custody. 

If the child is in your custody and if there is no orders from the court that you should not take your child abroad, then you can take your child with or without consent from your husband.

There is no restriction to go to abroad for employment  even if you both are living separately or if you have filed a divorce case also.

However if you have filed a child custody case then he may file an application seeking to restrain you from taking the child abroad.

In the given situation you can get child custody  but you must present your argument strongly if possible with documentary evidences to support your pleadings.

1. Trial court will consider all the factors like financial stability as well as nature of parents and behaviour toward child will be considered for custody of child. 

2. You should apply for legal custody of child to make decision about child without consent of your husband and seek permission from court to take your child with you. 

1. As per the information mentioned in the present query, makes it clear that he has not been earning too good so that he can take care of himself.
2. So, there is no question arises for him to ask for the custody of the child in comparison to you if you are earning well and regularly and also giving good care to the child.
3. Yes, he has the option to go for the custody of the child which he won’t get it, but yes you would get the visiting rights for sure and then you would have the problem to take your child for too long till the time you get the permanent custody.