Dv act after 15 years of marriajge

Numerous remedies are there in DV act.  take a bold step and get out of the house.

yes, your sister can get him out of the house with the help of a restraining order under dv act. there are many legal experts available in this site. select one from them and file the case directly in the court.

Thanks Ranee and Vijay.. Just for further clarification, is there a way she can get the ownership of the flat in either her or her kids name...this is the only financial security they got for the future..

I disagree to usage of DV Act, 2005  in reference to peculiar brief;

It is amusing to note after 15 years living in a domestic violent relationship just for sole ownership of a flat this discussion is going on.

However;

1. In my opinion the missing fact which probably you didn’t place here dates to very allotment of MIG flat; at that time your sister was working and your BIL was also earning an income and for a single working spouse it would have been difficult to pay the EMI towards accepting call letter of DDA's MIG flat hence loan was lifted showing JOINT OWNERSHIP (i.e. showing income of respective spouse and for the same joint application for loan was filed) and later by paying 1% more Stamp Duty the allotment was effected and this is actual bone of contention now which is put in different tunes here. 

2. Having guessed so all she now needs is approval of him and dependent upon the area (MCD Zone) the flat is located, she pays Conversion Charge which varies from 25.720 K - 4,575 K per sq. and become its sole owner.

3. However if there is a legal dispute over property title or is mortgaged conversion will not be allowed of any DDA property (residential/plot/shop) hence make a wise suggestion to her before using DV on BIL as the moment she uses DV the property (main bone of contention right now is property) goes into litigation mode and then Conversion will be almost next to impossible to achieve and by that time her children will be married off and starting their own nests leaving behind retired parents to defend themselves in some trial Court of NCR!

4. Best would be to tell her to opt for Mutual Consent Divorce (MCD) by parting at present market value share of the property to her husband as one time alimony invoking social pressure (there you also contribute monetarily to bring in harmony to your sister’s life) and let her live in peace.

5. Anyhow the property will still see escalations post 6 months cooling period as in MCD so she and children are not at a long term loss when children also donot want to live with father and looking at the way it takes long years in litigation r/w litigation expenses r/w he in DP r/w his skin is legally tasty finally r/w the marriage is dead as it faded in 15 years which is decent enough shelf life of metro marriages in NCR.

Give her a wise suggestion instead of taking ringside seat and letting your earning sister as in joint owner of a MIG flat (probably valued today anywhere between 65 L. to 1 Cr. dependent upon its location) suffer more in her sunset years visiting various corridors of NCR Court(s).

As per Freakonomics principles worth of a husband who is in DP in a MCD alimony from wife case is anywhere between 7 L – 15 L vis-à-vis she will shell out minimum 2.5 L – 3.5 L by filing DV + Divorce + S. 125 CrPC for minors + Custody for minors + Civil injunction case + Appeal before DB at HC + possible SLP at Apex Court all in next 5 – 7 golden sunset years of hers given to understand overburdened NCR trial Courts (FC’s) and choice of advocate to give these cases will not be below HC practicing standards which is my another guess believe me as here stakes are higher and opponent is in DP r/w property is a MIG flat whose valuation itself is showing rosy returns for all parties to the lis.

Hence revisit Freakonomics principles straight forward application also.

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DV Act, 2005 = Protection of Women against Domestic Violence Act, 2005
MCD = Mutual Consent Divorce
CrPC = Criminal Procedure Code
FC's = Family Courts
r/w - Read with
K = Thousand
L = Lacs
Cr. = Crore
NCR = National Capital Region

Agreed with Tajobs on his points of not using DV here if the intention is to obtain full rights of the flat

@Tajob : Thanks for your detailed reply... we also want to avoid the hassle and want her and kids to live peacfully. The problem is my BIL is not agreeing to anything... The main concern is not the appreciating property but a place for the her and kids to live post divorce. She has spent all her life's saving on this flat, kids education and other houshold expense. We are not looking for any alimony, child support , piece of his property (He belongs to delhi village). We just want her and her kids to be left alone.