- As per law, practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.
- Hence, no divorce has taken place if he has pronounce by way of Triple Talaq, and your sister can lodge an FIR against him for the said offence.
- Further, you should know that your sister is having the following right and claims from her husband.
- 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.
- 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.
- 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/MahilaPolice, 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.
- The Court has power to call him from foreign country and even his passport can be impounded by the Court
You can contact me, if further suggestion required.