Where did he file the divorce case?

If the situation is intolerable you can also file a divorce case against him on the grounds of cruelty for the reasons you rely upon. 

If he has filed the divorce case in USA,  then you may allow it to be decided in your absence because exparte divorce decree granted in a foreign country is not recognized as legally valid in India for the marriage solemnized in India as per Indian laws. 

You should also file for divorce on grounds of mental cruelty 

seek sole custody of your child 

3) if you don’t contest husband petition he would get exparte decree against you dissolving the marriage 

It is for you to decide. If you want divorce, you can settle terms with him with condition that kid will be in your custody. You can appear in divorce  case from abroad through GPA given to your relative. You need not travel to India. You can force him to accept your terms.

I am forwarding you she have under law, make use of whatever is necessary.

You have many options. Law is in favor of women.  Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, Restrain him from house transferring as the same belongs to you son/daughter.

You need to abide with aniy court orders in the said case

Dear Client,

In case of a minor child, both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take his/her major life decisions.

Even if a parent has been awarded custody of a child, they are still able to provide guidance and care to their children. There are certain circumstances where it would be preferable for one parent to have custody over the other. These include if there is abuse or neglect if there is domestic violence and/or if one parent cannot provide for the needs of their child.

Thank You.