Dear Anil,
You said - "From our family side we have fear,if we send her once again to her husband home they may do any thing to my sister and her child."
If the situation is that much grave, please do not take any steps to send her back along with the child to matrimonial home, whatever may be lying for your sister in future. The mediations/ the councellings/ the intervention of elders from both sides are meaningless in your sister's case, as she and her child are the most vulnerable beings in the hostile matrimonial home atmosphere.
Now what are the steps to be taken in the given circumstances:
1. She has to file an application under domestic violence Act, 2005 seeking maintenance for her ( I assume she is unemployed) and her child. In this application, you can seek protection orders and if there is any need seek residential orders. While seeking residential orders, if court grants some portion of the matrimonial home, that will not be much helpful for her and the child due to vulnerable conditions she has gone through in matrimonial home. Hence, seek rented premises near your home.
2. If the demand from the husband and in-laws for gifts and money ( plainly say dowry) are true and severe and you want him behind the bars for a couple of days, you can file a complaint in the police station, which may turn out to Section 498-A case. Before taking this step, thoroughly discuss the pros and cons of this action with your advocate, as the relationship between the couple become irreparable.
3. In future, what she wants - 1. divroce or judicial separation or leave peacefully in parental home rearing the child. If the option is the first one, then she has to file appropriate petition in the matrimonial court to get the relief of divorce etc.
warm regards,
Prabhakar (advocate-Delhi)
(M)9958670740
karlprabhakar@gmail.com
