Legal Question in Family Law in India
my brother got islamic marriage Nikkah .the there is no husband wife relation between them because girl was said i had a severe headache,but the next morning she said i dont want to stay with husband i am scared of him he is under magic spell.and 3rd morning she left another city her home with her brother.,she refused to signed a divorce documents and not ready to co-habitat,after 8days in front of her brother who is her witness in Nikkah also,in front of him (her brother) and others witness he gave TRIPPLE TALAAQ.she know about it .like that there is no communication between her and my brother for 1 year and 9 months ,and my brother died.she did't come for the funural and after the one year after death she came and claiming the property.and apply for legel heir.she has a right for property,because as per shariaah she is given divorce.because she had not left any obtion.
2 Answers from Attorneys
if she was divorced some formalities may have been followed like return of her mehr?? If there were other witnesses to the talaq you can challenge her right as a widow. for further query contact 9312411481.
There are three requirements for a Muslim law divorce as applicable in India:
a) divorce should be for a reasonable ground;
b) divorce should be communicated to the wife directly; and
c) oral divorce should be in the presence of a witness.
Since all the requirements were fulfilled in this case during life time of the husband, divorce is complete.
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