- Your written submissions are showing that your sister is subjected to cruelty from your husband and his family members.
- Hence , you should know that for your sister Divorce will be not a better result for her future , and 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.
- If you will send a legal notice to them for return of dowry items , then there is possibility to refuse the same , but if your sister will take legal action against them as i mentioned above , then they will themselves requested to take back all items , and for pardon .
You may connect me via kaanoon.com , if needed further advise.