• Divorce related

My brother Got into an love affair in port Blair to a Muslim girl n later that girl filed a case of rape after 1 month of affair and then she forced her to convert his religion from Hindu to Muslim n then they got married in 2016 n my brother works in Indian navy and govt. used to transfer him from different places n he hardly lives for 2 months with Girl after marriage n fhe got transferred to vishakhapatnam . N now girl keep sending him notices one after another For maintenance . Now recent notice is for maintence for Girl n kid . N my brother living life in threat as Girl keep threating him for different different reasons n now he wants divorce . Can u plz help . Brother lives in Vishakhapatnam n Girl is in port Blair n me n mom lives in jhansi which in Uttarpradesh .
Asked 4 years ago in Family Law
Religion: Hindu

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23 Answers

Since bit has converted into Islam he can divorce his wife as per Muslim personal law

2) issue wife notice for arbitration/ reconciliation

3) if reconciliation fails issue wife 3 consecutive monthly notices for divorce

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

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Second marriage during subsistence of earlier marriage is an offence

Your marriage woukd not be valid if girl married you during subsistence of earlier marriage

If you are not father of child you can divorce your wife on grounds of adultery

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Dear Client,

Divorce will file where married solemnized, where parties last resided, or where respondents lives.

Ground for divorce - pregnant with other guy, can be proved by DNA, forced marriage under threat of filling rape case.

Check if she has got divorce from previous marriage or not otherwise while subsistence of marriage another marriage is void.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file for divorce where marriage was solemnised or where you stayed with your wife after marriage or where wife is residing

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

See if he has converted to Islam and married under muslim law he can divorce her according to personal laws in islam.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

So there is no as procedure for filling divorce for man in islam he has to take divorce according to the personal laws further if they have married under special marriage act then he can file a divorce at place where she is residing, or where marriage was solemnised. he cannot file at place where he is residing,

so kindly clarify how he married the girl then accordingly the course can be decided.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See to find about her divorce or earlier marriage you can search on the court website if she approached for divorce,

Further your brother can deny the allegation of rape and can ask for DNA test of baby if he is sure it is not his,

also he can file the annulment of marriage on ground of fraud and coercion. that he married her under pressure and there is no consent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

N my brother living life in threat as Girl keep threating him for different different reasons n now he wants divorce . Can u plz help . Brother lives in Vishakhapatnam n Girl is in port Blair n me n mom lives in jhansi which in Uttarpradesh .

A. Your brother should consider filing a complaint to deeply stating that his wife is threatening him to file false cases against him.

Cruelty, in marital relationship, is a course of conduct of one spouse which adversely affecting the other. Cruelty may be mental or physical, intentional or unintentional.

As your brother has already converted to Islam, he'll be governed Under The Dissolution of Muslim Marriage Act. Under Muslim Marriage Act, 1939 the legislature has made provisions for the divorce on the application of wife or husband.

Siddharth Jain
Advocate, New Delhi
6095 Answers
101 Consultations

5.0 on 5.0

Your brother is already trapped and ask him to settle over the table with the girl and file mutual divorce

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Can my brother file divorce case from uttarpradesh where we live , me n mom , as my brother do govt. job n he don’t get day off , can we file a divorce case from here n my n mom can go to dates of hearing ?

A. Your brother can file for divorce where:

1.The Marriage was solemnized, or

2.The respondent at the time of the presentation of the petition resides, or

3.The parties to the marriage last resided together.

Siddharth Jain
Advocate, New Delhi
6095 Answers
101 Consultations

5.0 on 5.0

Court marriage than divorce under sec 27 of special marriage act, will file in family court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can’t divorce your wife by saying talaq 3 times

But you can divorce your wife by issue of 3 monthly consecutive divorce notices

Reasons should be mentioned for divorce

Return Meher amount

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Triple Talaq is illegal and divorce cannot be affected in such manner.

If your brother wants to take divorce from his wife, he will have to return the dower amount to his wife and can seek divorce by filing a petition in family court for divorce under the Special Marriage Act but under Section 29 there is a restriction on petitions for divorce during first three years after marriage, hence exceptional hardship suffered by your petitioner brother or of exceptional depravity on the part of the his respondent wife should be established, else the petition would be dismissed.

Siddharth Jain
Advocate, New Delhi
6095 Answers
101 Consultations

5.0 on 5.0

Sir TEEN talak is not valid in India there are further other ways to take divorce under personal law. Sir there is difference between registration of marriage with marriage registrar and special marriage and special marriage act. if they married under muslim law and then registered same under Muslim law only for Muslim marriage certificate then also it will be guided by muslim law only.(So kindly check)

Further assuming it was a court marriage then your brother can file a divorce with the family court where the marriage was solemnised or where wife reside on ground of cruelty and adultery if she had relations after marriage .

Also if at time of marriage she was married and not divorced then he has ground for nullity.

also he can file nullity on ground of fraud and coercion in marriage in jurisdictional family court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

First of all no need to tense so much.Regarding maintenance if girl want divorce then according to law she is not eligible for maintenance.you just prove in court she want divorce then you donot need to pay maintenance.

you can got divorce on the ground of cruelty.but there is question of maintenance just appear in court hair good lawyer.and prove in court that girl want divorce so you did not need to pay maintenance and got divorce also.

regarding filling of case

read below but there is already case is filed so there is not so useful

Section 19 in The Hindu Marriage Act, 1955

19 Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

Jay B Soni
Advocate, Vadodara
8 Answers

Not rated

Hii

It's better to file case in uttar Pradesh In respect to that your brother I'd and proof should support the address of uttar Pradesh jurisdiction.

The rules and acts is does not bound to Andaman Nicobar.

And for sure you consult a good lawyer of Andaman and Nicobar for better understanding the law at that place.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Your brothers wife got married twice and if she has married to your brother without availing a proper legal divorce from other two man's then the marriage of your brother will standa null and void and no legal stand for this marriahe and it's illegal offence of cheating for this marriage try to gather a proof of two marriages and go head with case . Higher lawyer send her notice for cruelty and cheating of two marriages etc.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1. If your brother has converted to Islam then he can divorce her in accordance with Shariah. After conversion to Islam he cannot take recourse to Hindu Marriage Act.

2. If and when she files a case for maintenance then your brother can contest it. He can file an application in the court to seek DNA test of the child and if DNA test confirms that the child is not his then he cannot be made liable to pay maintenance to child. However, his wife will nonetheless be eligible to get maintenance from him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Mere registration of the Muslim marriage does not mean that the husband cannot divorce according to Shariah.

2. It is not clear whether the marriage was only registered or it was a marriage done under Special Marriage Act.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your brother got converted to Muslim and married under the Muslim rites, then he can very well pronounce talak and dissolve the marriage.

If she is demanding maintenance why is he not sending her maintenance amount, at least he should consider maintenance for his child.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

Can my brother file divorce case from uttarpradesh where we live , me n mom , as my brother do govt. job n he don’t get day off , can we file a divorce case from here n my n mom can go to dates of hearing ?

Since this marriage was solemnised under Muslim law, he can pronounce talak from anywhere, there is no restriction on it provided he is still a Muslim and not reverted to his original religion.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

And that girl got married 2 times before my brother but we don’t have any proof of that but we know Becoz judge himself said tht u came 2 months before for ur divorce case n now u r marrying again with this guy whom handle there rape case thing n judge asked them to marry on the behalf of Girl case in which she said my brother raped him n girl was pregnant tht time but we r sure tht kid is not from my brother Becoz it was just a one month old affair n she said she was pregnant n files the case

How are you going to prove all these?

Without documentary evidence, no vague allegations will be entertained by court.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

And my brother marriage was firstly religious marriage and then registered in court that means he can’t take divorce by saying talaq 3 times as Muslim personnel law . So it would be appreciated if I get legel procedure for that through Court or suggest me any better options according to u by seeing all circumstances

For that he has to file divorce case in the place of marriage or the place where they both last resided together or the place where she currently resides.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

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