Make an arrangement of ticket to India and simply took the child with you without informing him. When you reach India, you are under the protection of Indian law. If needed file protection order, maintenance against him.
Now you can also file petition before US court for protection and maintenance .Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their child—such as residence, education, health care, and religious upbringing. You can go to either Family Court or Supreme Court. Family Court has special clerks to help you fill out the petition and file the case. In Family Court, it does not cost any money to start a case. Although it is helpful to have a lawyer, you do not need one to go to Family Court. This court is set up to help people who do not have lawyers and who cannot pay money for filing fees