• My brother is in trouble

My brother was lived with a girl then they married in Hindu religion but they both are Muslim after their marriage 3 years later my brother left her because of her bad habits like she drinks, dating with other man etc. but they did not divorced that time now suddenly she came our home after 4 years when my brother left her and she said that i want to live with him but my brother does'nt want to live with her but she took someone who is pretending herself a mahila mandal sadasya. and that person whose saying herself a mahila mandal sadasya provoke her very much to say that and that now please guide me to what to do????
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
your brother can file for divorce if he does not want to stay with his wife . if both are muslim how was marriage solemnised as per hindu rites? did both convert ? was marriage registered ? if she had relations with other men why did your brother not file for divorce earlier ?
Ajay Sethi
Advocate, Mumbai
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1228 Consultations
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your brother is still her husband. so he has file a case of divorce. u have not mentioned why & how they became muslims. procedure for divorce is different. plz mention all things to have to get proper advice
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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Your brother can get rid of his marriage by filing for divorce. You have stated that she has extra marital relations, if that is true then your brother can file for divorce on the ground of her infidelity. Did your brother and his wife convert legally to Islam? If a legally valid conversion took place then your brother may exercise the rights available to a muslim man. A lot will depend on the validity of conversion.
Ashish Davessar
Advocate, Jaipur
18257 Answers
450 Consultations
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The marriage is illegal.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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if both you and your wife are Muslims how was marriage solemnised under Hindu rites . you have not mentioned whether both converted into Hinduism . . if you have not converted and continue to follow islam marriage would be illegal . you have not answered our query as to whether marriage was registered or not . if both parties had converted marriage would b e valid and you can file for divorce . wife can file FIR in such a case against your brother  and your family
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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It is incomprehensible for me as to how they could legally marry according to Hindu rites and rituals when they were muslims, more so when they had not made any legal renunciation of their religion. Whether the marriage was registered? If it was registered then your brother may file for divorce as registration engraves the seal of validity to a marriage in certain situations. She has the right to file a FIR in such a case against your brother.
Ashish Davessar
Advocate, Jaipur
18257 Answers
450 Consultations
5.0 on 5.0

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