- 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.