Naim Khan (IT) 08 February 2012

Need help-second marriage

Dear Sir,

My brother and his wife were married (Nikah) 9 years ago. One year after marriage, had a son. Due to incompatibility, they had routine fights. Had decided to end the marriage on several occasions but continued to be together for social reasons and the welfare of the son. In the 6^th year of his marriage, my brother fell in love with another girl and wanted to get married to her. He proceeded with divorce with his wife on grounds of incompatibility. Wife got to know about the affair and accused husband of infidelity. Wife hired spies and got photographs and documentation of their affair. Wife harassed the family members of my brother by insulting and degrading them in society using the evidence she had collected. After that, husband and wife stayed away from each other for 1 year, during which period the wife threatened and degraded the family and kept the son with her. Wife wanted divorce and my brother wanted the child back, without which he was not ready to give her divorce. One year later, my brother got a Talaak through mutual consent. He gave alimony of 0.5 crores. Wife demanded another 20 Lakh if he wanted the son back. Son was returned to father and wife took the extra money, on one condition that if my brother continues to associate with THAT girl whom he had an affair with, the child should be returned to her. This has been documented in the Talaak document, which was an out of court settlement. My brother continues to look after his son and live a difficult life. He is now contemplating getting married, but is constantly being harassed and tormented by his ex-wife to give the son back.

Questions

1. Can my brother go ahead and get married to any girl, including the girl he had an affair with?

2. If my brother gets married to another woman, will the child (boy) be returned to the mother Or can the father still keep him. The kid is now 9 years old.

3. Can my brother go ahead and claim legal custody of his son who is now staying with him for 2 years after the divorce.

4. How can my brother save his parents from being harassed and insulted by his ex-wife and her family, when they come to know of his second marriage.

Reply Follow

6 Replies

Shantilal Pandya ( Advocate) 09 February 2012

Dear gentle man,

I would reply for issues stated by you as under

1. in the affirmative

2.. Can keep the son with your brother assuming that the welfare of the child would be with the father (welfare of the child overrides contractual obligations to the contrary )

3. if the custody of the son is with the father then there is no question of claiming custody since the father is a legal and natural guardian of the child

4. if there is harassment from divorced wife approprite prosecution civil or criminal may be launched and protection may be asked for from the court or police

Naim Khan (IT) 09 February 2012

Dear Sir, Thank you for the the reply.

(Guest)

Then your brother want to revoke the Talaq Document?Don't you think Court's documents do have some legal value?I disagree with the above advocates first advocate.I dont think a father who cheated his son's mother during the wedlock can do any welfare of his son.He needs woman and give him that.

Naim Khan (IT) 09 February 2012

Sorry experts

I did nt get the above replies.

Please provide your suggestions to proceed further on my questions

Chaitanya_Lawyer_Mumbai (Lawyer) 09 February 2012

1.You brother can marry any person he wants.

2.The child custody will remain with the father.

3.No.He is already having custody of the child.

4. If there is harassment from divorced wife, appropriate civil or criminal action may be taken and protection may be asked for from the court or police.

shaheen (lawyer) 09 February 2012

1.Yes your brother can marry any woman of his choce including the woman he had an affair with.

2.The Father has the custody he need not file any case. If the wife wants the childs custody she will have to move the court beside if a mother was heartless to bargain child for money you have a fit case to win. Was the money part incroprated in talaq or by any means it can be prove that money was imparted .

3.Talaq has commenced it cannot be revoked anymore the issue will be childs custody which was the condition but seeing the conduct of mother you have fit case.

4.File defamation and harassment complaints against the ex wife she will refrain.