Being  a Muslim Woman, she can file a divorce petition before the court competent in India for dissolution of her marriage with him by a decree of divorce on the grounds of cruelty by filing a petition under section 2 of the Dissolution of Muslim marriage  act, 1939.

If she is not able to come to India for this purpose, she can get the case filed through a POA agent in India and appear before court at the time of deposing evidence. 

She can even file a domestic violence case against her husband and her mother inlaw for the violent activities they had indulged against her in the past. 

If your friend wants to live peacefully in Canada then she has to come to India and after settlement with husband then file for Consent divorce. 
Or else if she wants the husband to teach a lesson then She can file criminal complaint against her husband for saying Talaq Talaq Talaq as uttering these three words for giving talaq in India are criminal and many more remedies she has.

You can file online complaint for mental harrassment and domestic violence and asking money 5 lakhs rupees as a dowry. 

Ask your friends parents to make complaint against her husband and mother-in-law for DV and dowry 498A case.

1) she should file for divorce under provisions of Muslim law on grounds of cruelty 

2) take the plea that husband lied about his educational qualifications, abuses her 

3) rely upon audio recordings of telephonic conversation wherein husband abused her 

Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage)  2019. It is criminal offence under Section 3 of the Act for with punishment is 3 years jail. The divorce is not valid. Now he himself claim that he did divorce her. I you have the recording, you file a complaint against him and send him to jail. She can even file a case from Canada by executing a GPA in favor of her friend/relative giving him power to file complaint against him in Court. She get a GPA drafted on white paper and get it attested by Indian Consulate in Canada online and send the same to the named friend/relative. He can file case against him for offence of triple talaq.

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law in India is in favor of women. So far you are only defending yourself, once you start using law against him he will have to settle with you otherwise only option for him and his family is jail. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and yoru child maintenance.
5. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son.

Dear Ma'am

She can file for divorce on grounds of cruelty in which is valid grounds for divorce as per the Dissolution of Muslim Marriages Act 1939 in India.

If she is unable to come to India for the divorce, she can consider initiating divorce proceedings in Canada, but this is not recommended because if the divorce settlement declared by the Canadian Court violates any of the personal laws under which the marriage was solemnized, it will not be held valid in India.

Additionally she can file cases against her husband for cruelty, assault and demanding dowry.

Thank you

She can file divorce in India as per shariat Act if he wants. She can also exercise divorce under dissolution of Muslim marriage Act in india. She can exercise her rights in personal law for divorcing her husband in India. They were Talaq-e-tafwiz , Khula, Mubara’at, and Faskh. Under the Shariat Act, Muslim women retained the right of all modes of extrajudicial divorce recognised under their personal law, except Faskh. Faskh was a form of judicial divorce effected through the intervention of a court or through the authority at the instance of wife.If you need any further assistance then you can approach me through kaanoon or LinkedIn.

, 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. 

- Further, if she doesn't want to create problems for her husband, and proceed for divorce, then she can get divorce decree within a short period of time, after filing mutual divorce petition under Muslim Law ,or she can give Khula to him. 

- If he not agree for mutual divorce- Mubarat , then she can file a contested divorce on the ground of cruelty and lying at the time of marriage. 

Dear Querist

Your friend may file a domestic violence case against her husband and mother in law under section 12 read with section 17,18,&22 of The Protection of Women from Domestic Violence Act-2005 and claim protection, and compensation.

She may file a divorce case against her before family court under section 2 of Dissolution of Muslim marriage act-1986 

As she is unable to visit India, she may file the case through Power of attorney.

Feel free to call

1. If she has recorded his uttering triple talaq over phone, she can lodge a police complaint against her husband for which he will be arrested and will be taken in to task since giving triple talaq at a stretch has been made illegal in India.

2. She should file a divorce suit in India immediately.

3. She can also approach a Quazi and give her husband 'Khulla' as per Islamic Law  to get rid of her.