1. Let your sister convince her spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

You can file a domestic violence complaint and seek maintenance from him. You can also file 125 crpc and seek maintenance. It's his duty to maintain her. If the difference reconcile then you can send her. Otherwise don't send her to get more tortured

Better don`t insist her to resume, and file FIR instead of NC. Along with it,file petition in court to claim maintenance for both wife and child.

Don`t apply for divorce. As of now only press for alimony and FIR of dowry demand and DV.

1) first of all your sister must file a DV petition to get the following reliefs: a) right of protection b) right of residence c) monetary reliefs and d) compensation.

2) secondly she must seek matrimonial remedies from family court.

3) she requires services of an expert counsel (Advocate). I'm prepared to be her counsel and plead her cases in court.

4) However, I require an exhaustive consultation session with her first. I'm based in Mumbai/Navi Mumbai just like you are, so it shouldn't be much difficult for your sister to pay me a visit for exhaustive consultation.  

If the situation is intolerable she may decide about filing a divorce case on the grounds of cruelty. 

She can file a DV case claiming residence,  protection,  maintenance and compensation 

She can file maintenance case under section 125 cr.p.c for the child and for her.

She can have his property attached as security for the purpose of maintenance amount. 

She can decide about living separately away from him to protect herself and her child from the savage hands of her husband. 

Consult a local advocate and proceed on the basis of the advice received. 

1. Register a FIR against the husband she can file for maintenance and residence rights in her matrimonial home.

2.  Further she can file a divorce case on ground of cruelty and can seek Hugh maintenance and alimony .

Also she can file maintenance for the kid.

Also without marriage certificate also the marriage is valid.

- Firstly, she should file a complaint with Women cell (CWC) in Mumbai , against those all persons, who are making her life a hell. 

- If, the matter is not amicably settled , then CWC official will lodge an FIR against them . 

- Further she can file a petition under the domestice voilence Act , and maintenance case as well.

- Since, she is not a working lady , then she can get maintenance for her and for her daughter as well. 

- Marriage certificate is not mandatory for getting justice from the court against husband.

- Further, as per Supreme court, A wife is not her husband's possession or an "object" and if she doesn't wish to stay with him, she can't be forced to do so.

- Hence, if her consent not allow her to continue with her husband , then she can file a divorce petition on the ground of cruelty as well.

- Better to convince her to file above said suit (except divorce) against her husband , to change the attitude of her husband.

- After filing the cases , she can even settle with her husband , if she opted to continue with her husband. 

Your sister should file for divorce on grounds of mental cruelty 

2) seek interim maintenance and alimony from husband 

3) also file DV case seek alternative accommodation, maintenance and compensation for mental torture undergone by her 

Ask you sister to file maintenance case only and live separately life don't give him divorce so he shouldn't do second marriage.

Under section 125 of CrPC she will get maintenance per month. 

No you should not send her back to live life of a slave. 

your sister should file cases of Domestic violence, maintenance and divorce against her husband on ground of mental and physical cruelty against her. 

She should also lodge FIR of 498A and 406 IPC along with sections of hurting her by physical assault.

Your sister can file an application to seek maintenance for herself and her daughter. As the marriage is already broken, your sister should ask him for mutual divorce if he is willing to pay a lump sum amount. And if he doesn't agree file divorce and alimony case on the basis of adultery and cruelty.

This is my response to you:

1. Make the sit with a marriage counsellor, to save the marriage if there is a chance;

2. If it does not work out then file for separation;

3. If matters do net get resolved then apply for divorce;

4. A mutual consent divorce is simpler process;

5. Contested divorce is a long battle;

6. Decide the custody of child and alimony;

7. Consult a local lawyer and take steps.

Definitely the wife can sue against her husband before the Family court and the Judicial First Class Magistrate Court in her location. The wife cam file maintenance and alimony against her husband before the family court as well as the JFCM Court provided she is not an earning person.

If she has been harassed by her husband she can definitely file the criminal case against him under sec 498 A

Dear Sir,

There are several enactments in favor of married women.  Your sister must show heat of the litigation to her husband and mother in law otherwise she cannot sustain in such unbearable atmosphere.  She can file Domestic Violence case.

Dear Sir,

Take power of attorney from your sister and file Domestic Violence case seeking following reliefs:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.