- Firstly you should know that for your sister Divorce will be not a better result for her future. Hence, before taking Divorce decisions, she 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. 

- Hence, she can take above said legal action against her husband , and to seek maintenance and alimony from him.

- Since, she is presently residing in Delhi , hence she can file the cases against him in Delhi. 

You can contact me , if further suggestion required. 

file for divorce on grounds of mental cruelty 

2) seek interim maintenance and alimony 

3) also file DV case in magistrate court seek protection order , alternative accommodation , maintenance and compensation for mental torture undergone by her 

1. On the basis of this physical torture a case under section 498A, 326 of IPC can be filed corresponding to the explicatable sections of the present BNS.

2. Additionally she can file case for maintenance and for damages under PWDV Act as well.

3. Thereafter, she can file a suit for divorce on the ground of cruelty, both mental and physical.

You can choose a lawyer from this website  hailing from your place or a lawyer outside this website and file the following cases:

1. Divorce case on the grounds of cruelty (both physical and mental), in that itself she can claim interim maintenance by filing an application seeking maintenance pendente lite;

2. She can file DV case seeking protection, residential rights outside her matrimonial home, monthly maintenance,m compensation towards the acts of cruelty unleashed against her and for return of her articles

3. Lodge a criminal complaint with the local police for the acts of physical cruelty=, threats for her life and acts intimidation

Since your sister has already filed a police complaint, she can seek additional protection through a Protection Order under the Domestic Violence Act. This can include a court order that prevents her husband from contacting her or coming near her.

Under the Domestic Violence Act, your sister has the right to reside in her matrimonial home, regardless of whether her husband owns it. She can file for a Residence Order, allowing her to return to the house if she chooses, with restrictions on her husband’s access or his obligation to provide alternate accommodation if it’s unsafe for her there.

Your sister can file divorce on the grounds of cruelty and your sister can also claim maintenance for living and also compensation for the violence caused to her by filng domestic violence case.

Dear Client,

In the Present Scenario, your sister is a victim of Domestic Violence and abuse. Her husband is an alcoholic and beats her brutally. Further, she is married for last 18 years, and the violence has increased now. Besides, previous Sunday, they both had a fight and her husband came fully drunk and while talking your sister over phone, he had threatened to kill your sister. Your sister had called the police and as soon as the police left, her husband broke the room door and started beating her. However, your sister managed to escape, go to the police station and file a complaint. Hence, you wish to file a divorce for domestic violence. Taking into consideration the Domestic Violence protection laws, BNS, and the Hindu Marriage Act, it is suggested that, your sister files a domestic violence complaint under the Protection of Women from Domestic Violence Act, thus seeking a Protection order and other relevant reliefs. Further, it is recommended that you document all the details on the harassment happened to your sister, and file for divorce citing cruelty as a reason.

Hope you find this answer beneficial for resolving the dispute.

These cases are very common in various Courts of India. I can understand your concern in this regard. My team has dealt with various disputes of such nature.

This is yet another unfortunate matrimonial dispute which has shattered the 18 years old matrimonial bond between the parties. They say marriages are made in heaven. But so is thunder and lightning. 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. Marriage does not guarantee that you will be together forever, it’s only paper. It takes love, respect, trust, faith, understanding and friendship in your relationship to make it last forever.

You stated that she is married since l8 years and therefore there maybe some children from the wedlock. The petition can be filed either at Delhi or Gurgoan.

The Hindu Marriage Act, 1955 provides for 2 ways to obtain divorce from your spouse:

• 
  Mutual Consent Divorce under Section 13-B of the Act
• Contested Divorce under Section 13 of the Act

Of course, the easiest way to obtain a Divorce is by Mutual Consent of both husband and wife. The one time alimony and child custody can be decided mutually. However, at times, the circumstances are not that easy, the situations are not that easy, and the other spouse itself may not be easy to handle as well. In that case, the only option left is to apply for a Contested Divorce under the Hindu Marriage Act.

1. Once the Petition has been finalized with the help a lawyer, the person would be required to sign the Petition, supporting Affidavits, Vakalatnama, etc. in the presence of an authorized Oath Commissioner/Notary. After the completion of all the formalities, the Divorce Petition would be filed before the appropriate Court by the Lawyer, as per the applicable territorial jurisdiction.
2. Normally, a Contested Divorce Petition is listed for hearing within 7-10 days from the date of filing, however, it may take few or more days to get listed subject to the workload of the Court which is to hear the Divorce case.
3. Now, before the actual Divorce proceedings can begin, the Divorce Petition itself needs to be admitted by the Court. On the first date of hearing, the Judge would carefully study the Petition and hear opening arguments from the Lawyer regarding the allegations made in the Petition and the grounds on which the Contested Divorce is being sought.
4. Once the Court is satisfied that, on a preliminary level, the case seems to be carrying some weight and needs to be properly adjudicated, the Court would issue a formal notice of the case to be served upon the opposite side. Subsequently, a copy of the notice along with the Petition would be sent to the opposite side.
5. On the next date of hearing, the opposite side is supposed to appear in person along with its Lawyer and also file its reply to the Divorce Petition. The other side is also required to a file a reply to any Application (usually for maintenance or custody of child) which may have be filed along with the Divorce Petition.
6. At the initial stage of the case, the Court will try to resolve the dispute between the parties, and will also direct both the parties to appear before a Mediator for an amicable solution to their marital issues.
7. In case the mediation sessions are not fruitful and the issue between the parties are not resolved, the Court would continue further with the Divorce proceedings.
8. If an Application for maintenance is filed (usually) by the wife, the Court would first decide the Application so as to ensure financial security of the wife during the pendency of the Divorce Petition.
9. Subsequently, the Court would proceed towards framing of issues and recording of evidence. Examination-in-Chief and Cross-Examination of the Petitioner and its supporting witnesses would be recorded first, followed by Examination-in-Chief and Cross-Examination of the Respondent and its supporting witnesses. This is the most crucial stage of the entire case. It has the potential to make or break a case. Therefore, the stage of recording of evidence usually takes a lot of time and a lot of hearings to conclude.
10. After the evidence of both the parties has been recorded, the Lawyers for both the parties would be required to address their final closing arguments before the Court. Subsequent to which, the Court would fix a date on which it shall pronounce its decision.
11. In case, the decision passed by the Court is not acceptable to either of the parties, that party can file an Appeal against that Order within a period of 3 months from the date of the order.

Divorce can be sought on the ground of cruelty. Cruelty can be physical or mental. Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status, environment in which they live.

Detailed discussion is required in such cases with relevant documents. You may contact my secretary to connect with me for clarification.

Thank you for the connecting If you want a divorce and the girl wants to leave her husband, then she can take divorce for domestic violence and harassment and if the children are below 18 years, then he will definitely give maintenance, it is not necessary to live with her and File a complaint in the women's cell in Delhi and file an FIR on it and then you file a case in the court, this will end domestic violence and harassment, it will take some time, you will have to be patient, your sister will come out of this place soon.