1) file police complaint under section 498A , 406 of IPC against husband and in laws for dowry harassment and for recovery of gold , car , furniture given at time of marriage .

2) also file for divorce on grounds of mental cruelty and seek return of your streedhan

Since your sister is gainfully employed she can not claim monthly maintenance.

Howver she has right to get back her stridhan articles and marriage expresses for which she can file case u/s 406 IPC or case under PWDV Act.

Since you are sikh, you come under Hindu Law. By normal procedure you will not get your money. You have to apply arm twisting tactics. You have to file cases of dowry and harassment, maintenance against your husband, except divorce. Then he has to run from court to court and has to spend huge monies for Advocates and mics. Expenses, and atlast they will come to an understanding. Till then you have to wait. Court will not grant divorce only on the basis of drug addiction. There should be a strong reason to get divorce. Hence, it is better you adopt the above procedure.

The options include filing for divorce on the ground of cruelty, which he can contest in defence. This apart, she can claim recovery of money spent on marriage with compensation on account of domestic violence suffered by her. She can also file a criminal complaint for recovery of stridhan against her husband, which can result in police search at his house to recover the articles.

The court doesnt consider the money spent in marriage i.e. marriage expenses or on furniture or the car you gifted.

But yes the gold you gifted to your sister plus the gold and other jewellery your sister's in-laws gifted to her can be claimed by her at the time of divorce. That is her streedhan.

In divorce she can claim alimony (though she doesnt need it) but its her legal right. That is the way she can be compensated for the wrong done to her.

Since they are not ready for Mutual Consent Divorce you will have to file comtested one in the local family court. If there has been lot of physical violence in her marriage she can also file under Domestic Violence Act because she suffered miscarriage which is a serious issue.

You will have to bring all evidences on record of the husband being a drug addict, her miscarriage reports etc.

Please feel free to call if you need.

Regds,

Adv. Payal

My sister is working as a teacher on contract base system & now she doesn't want to spend her life with a drug addict as she has already gone through a lot mental torture which also resulted in her miscarriage. She doesn't want any kind of alimony money from them but she & we defienetly wants the money which we spent on marriage, furniture, car, gold & etc.

What are our options here? Please help

In the given situation you sister can apply for divorce on the grounds of mental cruelty owing to his constant and continuous drug addiction.

She can also seek return of her property including car and other jewels given to her during the time of marriage under section 27 of HMA by filing an application in the same petition seeking dissolution of marriage by a decree of divorce.

She cannot claim the expenses for marriage because there is no law for that but she can seek one time quit settlement as alimony amount which may cover the expenses accordingly.

1) for filing domestic violence case it is not necessary that wife should be physically tortured

2) DV can be filed if wife s harassed for not bringing enough dowry , mental torture etc

3) we do not advise filing false complaint . In DV case you can seek compensation for mental torture undergone by the wife

4) 398A should be filed wherein acts of cruelty were committed by husband and in laws

Domestic violence need not be physical torture alone. Even the verbal and mental tortures constitute the ingredients for domestic violence. The demand for big car and other things can also be termed as dowry demand. These can be said to be domestic violence and those people involved in such ugly incidences may be booked for the said offence. Hence please be aware that law is different from your understanding.

A police complaint can be lodged either in her in laws city or even in her own place. It is maintainable in either of the place. If her father in law has filed to take her back it is not maintainable, only her husband can file a case seeking restitution of conjugal rights. She can very well say in her complaint with the police that they are trying to create drama after having done all sorts of cruel acts against her, to escape the police action for their wrong doings. His complaint or case against her cannot impact this complaint by her against them.

She does not have to beg for divorce. No law can force to stay with him against her wishes. let she prove her cause of action for divorce case against him and get her marriage dissolved.

You have been informed about the status of marriage expenses. So there is no use of asking about it once again. If at all there is an agreement for divorce, you can make this as a demand.

Mental violence is also within the sweep of domestic violence. The drug addiction of spouse is a ground for divorce. Police complaint is to be filed where she resides. Your sister cannot claim maintenance if she is earning but she can claim for compensation on account of domestic violence. She can certainly recover through civil proceedings the amount spent on her marriage.

She can certainly file under Domestic Violence because torture identified by law is physical as well as mental. She can get divorce on basis of drug addiction. That is in a way cruelty to her.

You can file for dowry harassment case also against them.

She has to file police complaint at the police station which is falling within the jurisdiction of her in-laws place.

I told you before also she can claim alimony from them that is her legal right but has to be claimed at the time of divorce.

She cannot claim maintenance since she is working.

She can claim money from them in form of alimony and compensation.

Regds,

Adv. Payal