1. Police can register the case against your brother-in-law and proceed to arrest him if he has dishonoured the reminders of CAW.

2. Your sister has many legal rights which she can enforce through court against him. She can directly file a criminal case against her husband for dowry harassment and assault in the court.

3. She may also sue her husband for maintenance for herself and her child as it is his duty to financially support both of them.

4. She may also file a case for domestic violence to claim the right to reside with her husband without any harassment. Additionally. she can also claim compensation for the torture suffered by her.

5. Last but not least she can file for divorce on the basis of cruelty.

The immediate steps to be taken:

1) Lodge a complaint with the jurisdictional local police for acts of cruelty and dowry harassment against husband, parents of husband, that well wisher Sharma seeking strict action against the offenders as per law; this may be escalated with the top police officials of the state quoting the reluctance and lethargy of the police on the complaint if no proper action or response received from police on complaint;

2) Report domestic violence and make a complaint on the subject directly with the judicial magistrate impleading husband and his parents', seek protection, maintenance and residential rights'

3)File a maintenance case under section 125 cr.p.c. for both your sister and the baby;

4)File a petition under section 9 of HMA for restitution of conjugal rights and in that also ask for the relief of interim maintenance under section 24 of HM Act.

5)Engage a good advocate who may not shift sides at a later stage.

Dear Querist

first of think what do you want?

if they are not ready to settle the matter amicably then there is no other option except file the cases against him before the court and registered the FIR against him. approach the CAW cell for registered the FIR.

apart from the FIR, immediately file a complaint under section 12 of protection of domestic violence act-2005 before the magistrate Court read with section 18/19/20/21/22 of the act and claim for protection, right to residence, monetary relief, child custody and compensation.

if she is unable to maintain herself then she may also file a maintenance case before family court u/s 125 of Cr.P.C. and claim maintenance for herself and for the baby.

if she wants divorce then she may file a divorce case against him before family court under section 13(1)(ia) of Hindu Marriage Act-1955

you may contact personally or over the phone after pay the consultation fee which is very nominal.

Is the husband providing any money to your sister if not then she can file maintenance case against her husband asking for money for herself and her daughter.

She may also file domestic violence against her husband and her in-laws for torturing her mentally and physically because of which she had a miscarriage in the past. If you have any report of CAW then you may attach that in your complaint saying they are not cooperating.

If she doesn't wish to continue with her marriage then apart from above complaints then she may file a divorce petition also.

Regds,

Adv. Payal

1. You should have already lodged police complaint u/s498A before,

2. However, try to collect evidence of all their torture and harassment on your sister by audio/vide recording or any such measure,

3. Lodge a police complaint u/s 498A of IPC against dowry harassment,

4. File a DV case complaining against their domestic violence claiming maintenance for her and her daughter and also seperate accomodation for herself and her daughter,

5. Since there is nothing left from this marriage anymore, she can file a divorce suit claiming sustantial amount of compensation, if she so decides, and start her life afresh after collecting the compensation.