Legal Question in Family Law in India

Re: Divorce Settlement

(a) The divorce is not a matter of right in India; we live in a "fault theory" regime; therefore, for claiming divorce, the husband has to establish grounds available in the statute. If the grounds are non-existing, he may not get divorce.

(b) The wife is entitled to return of all her jewellary, gifts and other items given to her by both the parties before, at the time or after marriage since that constitute her 'istridhan'. In the event of refusal, a criminal complaint may be lodged with the polige u/s 406 IPC.

(c) If a woman is turned out of the house without reasonable cause or without her fault, she may be entitled to prosecute the husband and/or abuser of domestic violence under the Protection of Women from Domestic Violence Act, 2005.

Your sister may accordingly decide about the course of action she may want to take.

Re: Divorce Settlement

jewelry, clothes etc given by both the sides is stridhan of your sister and has a lawful right over it. apart from that, your sister may claim a particular amount of money towards permanent alimony or settlement depending upon the status of boy.