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 6th 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.
Thank you so much in advance for your help.
Regards,
