Dear Concerned,

Please note and choose to do the below.

A. As your sister is dependent on her husband and presently staying in her matrimonial house - PLEASE NOTE that any any cost she should not leave her matrimonial house - also note that her husband CANNOT throw her out of the house. SHE has legal right to stay in her matrimonial house and hence no one can through her out.

B. This is a case of Domestic Violence and your sister should contact a local lawyer and file a case of domestic violence in the court concerned, and seek for interim maintenance and residence orders.

C. If she stays out of the husband's / matrimonial house she can claim maintenance - when she is staying within the house then too she can ask for expenses for herself and children.

D. Whenever your sister is abused by her husband next ASK her to call the police and this will help her for her position in her matrimonial house.

DO NOT STAY QUITE FOR THE HARASSMENT FACED - ASK her to raise her voice. Call 100 , STAY on their head in the same house and file Domestic Violence against them .

Best of Luck. Stay Blessed.

1. Yes,the wife cna fioe case u/s498A IPC ofr physical and mentaltorutres and fordemand of dowry.

2.If the wife is unemployed then she can file case for maintenance of herself and the children under PWDV Act.under the said Act she has right of residence in the shared household also.However wife has no right of share in the property of husband as long as he is living.

3.The unemployment of husband is no excuse to avoid maintenance.

So act accordingly.

1) your sister can file dV case against husband and in law under provisions of DV act

2) seek protection order against husband and in laws

3) seek maintenance for herself and 2 kids

4) seek compensation for mental torture undergone by her

5) also seek right to stay in matrimonial home or alternative accommodation against husband

Ask your sister to move a police Complaint against her husband and in-laws for she is being meted out with cruelty at their hands.

Secondly, she must file a separate Complaint under the Domestic Violence Act. As regards to alimony, she is entitled to maintenance, despite the fact that the husband is jobless presently.

In this condition wife can file a complaint under section 200 of the code of criminal procedure for the offence of clarity punishable under Section 498 a, causing hurt and grievous hurt punishable under section 323/325 of the IPC.

She can also initiate proceeding under Domestic Violence Act for different remedies like  protection order under Section 18, residence order under section 19, monetary relief under section 20 compensation order under section 22 of the domestic violence act.

In this condition you should not sit but you should act to protect her from this type of violence, cruelty and physical torture. If possible you should bring her to Himachal Pradesh then first of all file maintenance petition under section 125 of the code of criminal procedure there after  file criminal proceeding under different sections of Indian penal code and Domestic Violence Act.

hello,

Your sister has the following rights and bear in mind the suggestions as follows:

1. Since your sister is totally dependent on her husband therefore she should not leave her matrimonial home at any cost and further she has a right to remain in that house being the wife.

2. You sister can file an FIR for domestic violence i.e., section 498A, 504, 506 along with the same she can also file it for the DV Act. Apart from FIR she has the option of filing a private complaint case under section 200 of Cr.P.C.

3. She can file a case for maintenance for herself and for 2 children and can claim compensation from the husband.

Regards

Dear Querist

My opinion on your queries are as under:-

can she file a complaint against her husband for beating & on her in laws for harassing?

Opinion:- yes, she may file a domestic violence complaint against her husband and in-laws for their illegal acts, and claim protection, right to residence, maintenance, child custody and compensation u/s 18,19,20,21 & 22 of the Protection of Women from Domestic Violence Act-2005.

Can she claim for alimony?

Opinion:- as she is not able to maintain herself and the children, she is very much entitle to get maintenance and alimony from him and 1/3 of his income can be granted as maintenance or more then that.

as he is not working now, the court have right to presume a income as per minimum wages acts.

Her husband has nothing of his own except his PF amount, but her in laws have got enough property. she can claim for her share?

Opinion:- legally she has no right to get any share in that property but she can claim right to residence in that property U/s 18/19 of the Protection of the women From Domestic Violence Act-2005.

Feel Free to Call

She can very well lodge a criminal complaint for assaults and the cruelties that he meted out to her.

She can implicate his father and other relatives in the criminal complaint

She can file a DV case seeking protection, residential rights and maintenance for herself and and for the children too.

There are lot of law protecting the women from the ugly clutches of the arrogant husband and wicked and cruel parents in laws.

She can also file a maintenance cae under section 125 cr.p.c for her and the children.

Let him defend himself based on the merits in his side.

She cannot claim any share out of his parents or even his own property