• Want to give talaq

Hi my brother had caught read hand her wife having affair with her boy friend in his home. When my brother rushed to his home late night 2pm found his wife with her boyfriend at home. And this had been much more to say... But now brother don't want her in his life because of her he left his native . and settled in her home town. He loved wife so much that he left all for her sake but at last he got is cheat...
I want to know there is no fault from my brother but he how could overcome the situation with out paying money because he is poor. No own house .no money . not educated also. But has self respect don't want to live with her any more but what about children's ??? He has a Son and A daughter..
Asked 7 years ago in Family Law
Religion: Muslim

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10 Answers

Your brother can divorce his wife as per Muslim personal law

2) issue consecutive 3 divorce notices

3) reasons should be mentioned for divorce

4) return her Meher amount and pay maintenance during iddath period

5) if son is above 7 years old he would get custody of son as per Muslim personal law

6) custody of daughter till puberty would be given to mother

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Hi

Please mention the age of childrens.

Yes your brother can have divorce from his wife.

Some amount may be needed to be paid to his wife.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Well, if his wife is unemployed then he can't avoid maintenance.

2. Adultery is a ground for rejection of maintenance but since its difficult to prove you may keep much expectations on this.

3. Rather ask your brother to her talaq and stay separately

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

Hi, he should go ahead and give her talaq..also file a criminal complaint against her boyfriend for comitting adultery with his wife

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

If you have evidence of marital affair by your wife with another men then you can apply for dissolution of marriage itself.

Talk to any lawyer for more information.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1. A wife who commits adultery is disqualified from claiming maintenance, but to repel her claim to maintenance he will have to prove that she has been adulterous.

2. He can divorce her by filing a petition for dissolution of marriage in the court.

3. If he wants the custody of his children then he can file a petition for child custody.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

He can give Talaq e Hasan to his wife.

The whole process of divorce will take 3 months.

He'll have to pronounce Talaq for 3 consecutive months and of there's no resumption of sexual relationship for the said Period of 3 months, the divorce will be become absolute. He'll have to return the amount of dower to his wife with the third proclamation of divorce.

Divorce can be pronounced in writing and can be despatched to wife to email/post.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

yes your brother can definitely give divorce as per the Muslim personnel laws by serving divorce notice 3 times in 3 consecutive months.

It is advised that during the iddhat period you pay her some maintenance and also return the meher.

Custody of girl after puberty and custody of boy after 7 year of age, as per the Muslim personnel laws.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Your brother can talk to her parents and make her agree for mutual consent divorce in the presence of a Qazi or a jammat in the form of 'Khulla", which will save her from humiliations.

If they dont agree for this then he ,may discuss with the Qazi or the jamaat and pronounce talaq as per Shariat laws.

He can even file a divorce case in the court of law on the grounds of cruelty owing to her act of adultery with a third person.

He may clearly say that since she is involved in adultery and he no more like to continue this married life with her, he would not pay alimony.

DV case, hence he has to be watchful about this.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Please tell are you Hindu if you are you can file case under sec 13 for divorce since adultery is hard to prove file case under cruelty ... secondly if your brother wants kid he can seek custody by proving that his wife is not fit to take care of them

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

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