- You should know that your sister 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 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 dowry items , 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 can lodge a written complaint against her husband , 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 only wanted to be separate , then she can file a contested divorce petition before the family court on the ground of cruelty and even can claim alimony from her husband .