Hi thanks for your quick response. This forum gives lot of strength to suffering families.
Conversion was done before the hindu ceremony...so first was her conversion, then hindu ceremony and then official nikah.
Opinion: @ author, again you have not specified whether that marriage performed as Nikah before hindu ceremony?
If Nikah was done prior to hindu ceremony or hindu marriage then only your brothers marriage will be treated as under muslim marriage.And that too when she had ritually and willingly accepted the islam.
We have proof of some of the bad things said by girl and her parents but not all proof..we have video proof of some of the arguments.
Opinion: Keep it safe and original for evidence stage,if any suit falls against your brother.
Marriage was due to be registered this month but everything ended before we got chance to register the muslim marriage.
Opinion: Now,let the court decide whether your brother's marriage comes under muslim or Hindu.
Not sure what you mean by what section? In family court? We filed under family court act.
Opinion: There is no such fixed section under family court or any marriage act to decide that "which marriage is valid. It is only the due course of courts procedure when it will be known as your brother's marriage is valid under muslim law or not, when any suit is filled under any said act.
By the way, which sub religion you are under muslim---Shia or Sunni?
Both have contrasting way of nikah,so judge yourself as your brother's marriage is valid according to your customs and practices?There are lots of legal terminology is established like dower/Mehar, sahi marriage, iddat and quboolnama etc etc.
Do all have been performed ?
Reason why we finally decided on the conversion rather than special marriage is because of issues for children that can come in special marriage. We have one case in family where wife/husband are unhappy because of special marriage which is affecting their children.
Opinion: It's nothing like that "The SMA 1954" is made in accordance of dealing such situations only. This marriage act gives equal and unrestricted rights to follow one's religion. And it's the wish of the parents to teach in what sense to their children.
That is why all elders decided that conversion was the best option to which girl and her parents also agreed. Girls father and mother have signed conversion document too so it was very surprising that girl is saying that she is hindu all along.
Opinion: your brother has made a complicated marriage,by avoiding special marriage act. In my view the later act was most preferable in your case.
One or two more questions -
1. Can caw cell file criminal case against us? Caw cell got the case only after local police station submitted their report that it is case of matrimonial discord and decided not to pursue rape and dowry allegations she had filed in the police station. I thought caw cell will only call my brother for counselling or mediation?
Opinion: Yes. If mediation fails and the first party pays bribes to them.
Yes. Caw cell is not authorized to give decisions it can only act on mere FIR or an NC complaint and is only made to conduct mediations to sort out the marital issues.
I have already posted the link about the functions and powers of CAW cell AS ABOVE.
2. Can we initiate criminal action from our side? as per advice above, rape complaint does not stand in their marriage as they were husband and wife so it is clear cut case of false criminal complaint from their side so does this allow us to file our own complaint? Also what about dowry complaint? Can we file another complaint in police station that her entire complaint is baseless/
Opinion: Without any procedure and adjudication or any judgement,how can you go for telling that case is false. Once the case comes on evidence stage then only one can go for filling perjury and fraud on oaths cases.
My suggestion:- Just wait and watch, keep patience, consult a seasoned lawyer of your jurisdiction and have a clean discussion thoroughly on all issues.
Thanks.
