Sir! Daughter to my maternal uncle was married to man almost 3 years back. 6 months on 17th March 2007 ago both husband and wife had a fight on some issue and the husband said two talaqs to his wife in front of his neighbour. After that they were ok on the second day and started living togheter as fullfiling all the Sharai terms. The girl never told her parents that this has been happened to her as few people told her that if they are back togheter they need not to have any religious undertaking on that.
Now last week they had a fight again and the husband called upon the brother and father of his wife to take her back home as he has beaten her wildly. As the brother of the girl and his friend arrives at there home that husband tells the brother of the girl that he has given Talaq to her sister as she wished and asked him to take her home. These words were heared by both the brother and his friend and they have given there written statment on that. The husband of the girl now admitts the last two Talaqs and does not admitt the third one and the brother of the girl and his friend says that he did said so. In this matter we need your guidence at your earliest.
Here one more point has been raised that the Grandfather of the husband was Shia and the grand mother was Suni, than the Father acclaimed himself as Suni and the Mother was Shia, now what Should we call this boy ( husband ) whether Shia or Suni. As we have seen him offering prayers in Suni Mosque. Is this Nikkah is Ligimate.
We hope to have your answer very soon. Here we will like you to note that both the witnesses of Talaq are Baligh by Sharia.
If the husband denies the last and final Talaaq but the wife heard it herself or she was informed about it by reliable and Shar’ee witnesses and she believes that she has been given the final Talaaq, then she is not allowed to live with that man in any cost. She may get rid of that person by returning the Mehr or offering him some money to get rid of him particularly in the case referred to the above-mentioned question.
It should be carried in mind that there is no heritage in religious affairs. If someone follows the Sunni path then he is a Sunni and if one follows the other path then he will be regarded the same.
والله اعلم بالصواب