I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. 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…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.

Your sister can file for divorce on grounds of mental cruelty 

2) seek interim maintenance and alimony from husband 

3) contested divorce cases take some years to be disposed of 

4) your sister can file DV case against husband seek protection order , alternative accommodation , maintenance and compensation for mental torture undergone by her 

- Firstly you should know that your sister is having the following right and claims from her husband. 

1.As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her &child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture &harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture &harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- Further, if you don’t want to create problems for your sister’s husband, and proceed for divorce, then you can get divorce decree within a short period of time, after filing mutual divorce petition. 

- Hence, before filing the divorce petition , she can file the above mention cases against her husband and his family members for claiming maintenance and residential right , and also to teach him a lesson as well.

- There is no bar for the appearance of lawyer before the Mahila cell , however it is better to appear there with her family members . 

Lawyer approach and behaviour is normal. Lawyer performance is required in court only. You sister can file divorce case in court along with an application for maintenance of herself and daughter. Husband permission or consent is not required for divorce. 

The lawyers can fight your case ion the court and not with the police  hence your lawyer's refusal to accompany her to the police station is not abnormal nor a failure in his duty as an advocate.;

It becomes her own responsibility to lodge the complaint, if she is scared of the police station situation, you can accompany or anyone from your family can accompany her to the police station.

She can file domestic violence case against her husband, her parents in law seeking monthly maintenance, compensation for the tortures and harassment and acts of cruelty against her. She can demand return of her articles also under the same case.

She can file a contested divorce case on the grounds of cruelty.  In that she can claim interim maintenance and also alimony amount.

She can lodge a complaint with the police for their acts of cruelty under section 498a and other sections. 

If she is not satisfied with her lawyer, she can look for some other lawyer to handle her case. 

Yes she will get maintenance if husband denies you can contest the divorce and seek decree

Dear Client,

Your sister has the right to file for divorce on the grounds of mental cruelty, seeking interim maintenance and alimony from her husband. It is essential to understand that contested divorce cases can take a considerable amount of time to be resolved.

During this challenging period, your sister has the option to file a Domestic Violence (DV) case against her husband. By doing so, she can request a protection order to ensure her safety, seek alternative accommodation if necessary, and ask for maintenance and compensation to address the mental torture she has endured.

It is crucial for your sister to explore all available legal options to protect her rights and well-being while navigating through the divorce proceedings and addressing the emotional and financial challenges that may arise.

Hello!

Your sister needs to take immediate action as her husband has already created enough torments and torture. Your sister have every right and authority to establish her identity for her welfare as well as for the girl child. Your sister has gone through domestic violence, adultery on the part of the husband and cruelty. As for the advocate is concerned, he is partially correct as when she will file a case or FIR the husband may not be present. Yes, she is entitled for maintenance if the divorce goes contested or permanent alimony if the divorce goes mutually.

Regards,

Advocate. N. Sharma.

These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem. They say marriages are made in heaven. But so is thunder and lightening. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce. There is a bitterness in her relationship now.

Your sister can take her lawyer into confidence and convince him. He can accompany her. 

For divorce she has two options: 

1. Mutual Consent Divorce 

2. Contested Divorce 

The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. The spouses can jointly file a petition seeking divorce under Section 13B before the family court, which possesses the jurisdiction to pass such a decree of divorce under Section 13B. Please note that mutual consent divorce can only be filed if both the husband and wife consent for it. 

In case, the husband does not agree for mutual consent divorce, then she can apply for contested divorce. In case of a contested divorce, there are specific grounds on which a petition for divorce can be made before court. While it is generally more time consuming and than a mutual divorce, if there exist satisfactory grounds for granting of divorce, it could be fairly straightforward.