• Divorce

Dear Sir,
My brother got married last month, it was a nikah held at a mosque but the marriage was not registered in the corporation 

as they have not started living together. He gave her 40grams of gold as mahar during nikah. We decided their walima  to 

be held in month of August 2016 as my brother is working abroad and he is only able to get leave at that time. 
Now during the time after the nikah and till a few days back, they met once (in a restuarant - no physical contact)  and 

they used to talk on the phone for a few mins everyday. Now all of sudden the girl is saying she does not want him stating 

that she thinks he is not match for him as he is not caring her like a husband. She also feels my since she has a job and 

his intention is to live of her salary. My brother is employed with a reputed firm in Middle east he does not need to such 

a thing. She feels that he is talking too negativity and feels that she does not need a husband like that. Not surprisingly her family is staunchly supporting and asking us to give a divorce and blaming my brother for 

not acting like a man. I have my brother for years now i never came across a person they are stating him to be. I feel all these reasons are false reasons for them to get out of the marriage.
Now its not even 3 week their nikah has over, now suddenly she is totally refusing him. We spent a lot of money for the 

arrangement and we have not even taken a single rupee as dowry as my family is strictly opposes it. It is also causing us 

a mental stress and shame in front of the society. Some of thier family members claim they have tried to talk her but she 

is totally refusing to proceed with this proposal. My brother is shattered and under severe mental stress. He even tried 

to apologize to the girl and asked her proceed with a new beginning but she is refusing to even listen to him. 
The response of the girls family is that "she is not interested so why don't you give her a divorce", which is is not 

acceptable to us. We also suspect a foul play like the girl might have another affair or a better proposal, so they want 

to drop us.
I want to know that since thier marriage as not been registered in a coporation or muncipality, are there i any valid leagal point that i can move against them and their family for causing so much mental stress and defamation to us. Also to recover the costs we had spend for the nikah.
Also wheter there will be any implication as if your take into consideration that the society always supports girls side.

Thanks
Shaan
Asked 12 months ago in Family Law from United States
Religion: Muslim
1) it is better that your family agrees for divorce  as per Muslim personal; law 

2) mere non registration does not affect legal validity of marriage . 

3) dont file any case against the girl  or her family 

4) her family may then file false 498A or Dv case against her husband and his family 

5) your brother will have to run around courts to obtain Anticipatory bail 

6) your brother  can if he  so desires issue arbitration / reconciliation notice to the girl  to arrive at an amicable settlement 

Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) The marriage does not have to be registered for it to be valid marriage.it has to registered only if you want to obtain a certificate of marriage.

2)It does not matter what the public is thinking about the married woman,if you need to get out of the situation you need to take steps.

3) Make a demand of the return/exchange of goods and articles and  and the recovery of expenses you incurred for the wedding.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
In Muslim marriage the Nikah need not be registered and the performance religious Nikah ceremony is enough to validate the marriage.
I think you brother s lucky as he has faced this situation much before they have started staying together. Now utilize this situation and make your brother give her triple talaq in her presence and register the Talaqnama.
There is no need to run after a broken marriage, If he does not then the girl out of desperation may file criminal case against him.
Devajyoti Barman
Advocate, Kolkata
5236 Answers
54 Consultations
4.9 on 5.0
1. It is a ticklish issue for you,

2. The reason for the girl's turning back s not understood,

3. however, one thing is to be kept in mind that you can not force a wife to join her husband legally,

4. If you take up the matter legally, they also will counter it and there will be public mud slinging which should be avoided at all cost,

5. Your brother has two options now. One is to give her divorce and proceed further in life and the other is to maintain the status quo i.e. not tom give her divorce (talaq) and force her to stay as his wife,

6. Your brother shall have to choose from the two. 
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0
Greetings,

Probably the girl after talking to your brother feels that they are not compatible, as her parents are also supporting her, it is better to give her Khula (Talaq at the instance of wife) and ask for the return of Mahar as she will have to return the Mahar as she wants the divorce and your brother must have given the Gold in the presence of Qazi and other guests so they are your witnesses.

As far as the Nikah expense is concerned use mediators to talk to the girls family and try to settle it amicably.

You should not contemplate any legal action at this stage as this could lead to several unnecessary legal proceedings from her side.

Try and Avoid making a big prestige issue out of this.

Let your brother divorce her and be at peace.
Shakila Shaikh
Advocate, Mira Road, Thane
6 Answers
0 Consultations
5.0 on 5.0
Dear Shaan
first of all try to settled the matter amicably with them and go for a mutual decision and claim your money back.

if she is not ready to live with your brother then there is no law to force her to live with your brother, if settlement not possible then ready to fight the legal battle, she may file a dowry harassment case u/s498A/406 of IPC, domestic violence, maintenance case, divorce case.

apart from this your brother may file Restitution of Conjugal Right, recovery suit, suit for defamation before civil court.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Absence of registration does not make the marriage illegal. All the legal consequences of marriage flow therefrom as it was done according to Islam. Your brother can pronounce triple talaq on her in accordance with Sharia, which can be challenged by her in the court. 

2. She may hit back by filing false cases of dowry demand, assault, etc against your brother and his entire family, which all of you will be given an opportunity to contest in defence. 

3. No case for defamation is made out. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Nikahnama is a valid legal document, registration of it is not necessary. 

You have to give mehr at the time of divorce. 

She can file criminal case under 498 A but it may not be maintainable because she had not spent a day in matrimonial home. 

It would be difficult for her to establish dowry case because you gave her 40 grams of gold as mehr during nikah in the presence of both parties and it is written in nikahnama.

You may file criminal case under section 504/506/115 IPC against her family members but involvement of police at this stage may be hazardous for you because she may file false criminal case against your family.

Try to settle this issue amicably.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
In your brothers case , the nikah held at a mosque is valid under Muslim personal law ,there is no need to register the Nikah. If the girl is not ready to live with him then you can settle the matter with well wishers .You can claim the expenses and return of valuables given to her at the time of Nikah.  

Actually your brother escape from  a miserable life .Think if she make this much of problems after they living together. So better to settle the matter soon and remarry your brother .

Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If he decides to give her talaq then he may have to lose the mahar given to her.
The marriage is considered to be solemnised once Nikah has taken place as per Muslim religious rites and caste customs.  A certificate from Corporation is not necessary once you have a nikah nama.
Alternately, he can issue her a legal notice asking her to come and live in his house and if she is not interested to live with him anymore, she can return the 40 gms gold given as mahar and also to compensate the expenses towards the Nikah spent so far.  You may also add in the notice that she is voluntarily staying back in her parents house disassociating herself from the company of her husband for the reasons known to her alone hence this act amounts to cheating. This legal notice may be served on her immediately which will make her to think about the consequences and may bring some changes.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
Hi, if you go for the recovery of money as against girl then you are in trouble because if your brother file a one case for counter blast she will file a dowry harassment case and also petition under DV act and also for maintenance. 

2. Better tried to settle the matter or else give divorce.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
the wife is absolute owner of the Mahr  and can not be return legally, if she want divorce then go for Khula in which the husband has right to claim any thing from her towards the Khula/Divorce.

 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1)wife has right to meher given at time of nikaah in the event of divorce 

2) brother should agree for divorce and move on in life 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
If the girl decides to dissolve her marriage, she has no respite in the mosque.
 She has to approach court of law with a petition under section 2 of Dissolution of Muslim marriage act, 1939 for filing a divorce case against him.
 In that event your brother will receive summons from court. He should not ignore the summons.  
On receipt of summons he should appear before court, give his counter or written statement denying the allegations made by her in the divorce petition and object her reasons for filing this petition by stating that she approached the court with unclean hands.
There is no reason for letting it go exparte against him if he appears and contests the case. 
If at all she wants to settle it in an amicable manner, she may be advised to comply to the demand of return of mahar  and all your gifts with her.  
There is no reason to compromise with her without she obliging for this condition. 
No doubt your brother cannot force her to come and live with him though he can manage to obtain a judgement in his favor advising her to join him in the matrimonial life and resume cohabitation or conjugal relationship, if she is not willing to do so, hence it is better to discard her relationship at this stage itself, however your brother  should not become a fool in their views to dance to their tunes, he has to concentrate and enforce his rights for compensation towards the fiscal and mental loss he suffered.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
Hi, If the girl does not ready for divorce then don't bother too much as per Muslim Law your brother can have at a time 4 wives. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Under the given circumstances you are right in claiming back your Mahar since your brother did not give her Talaq but it is she who did not want to stay with him in matrimonial relationship,

2. As per Islamic law i.e. Shariat, the wife can give khulla. Has their Advocate referred to Khulla by saying that she can send a legal notice and wait for three months? However, the Court will not consider the marriage as void since there was nothing wrong with the marriage,

3. If such notice is send by the wife, send a fitting reply claiming back the Mahar on the grounds mentioned above for your agreeing to terminate the marriage as desired by her without showing any valid reason.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0
No this is not how marriage gets dissolved. Your brother is free to pronounce triple talaq which can be challenged in the court. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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