• I am a divorcee and intend to marry through Special Marriage Act

I was married through Islamic Law, due to unavoidable circumstances we were living separately. Through Sharia Law she asked for divorce (Khula) through a lawyer. Now i have accepted Khula and same has been documented before the witness.
I have got a match who is of christian faith, I being from Muslim background intend to marry this girl under special marriage act. I have been told by registrar office that I need to get court order on Divorce. The Khula Nama is not acceptable.
Why is Khula document not accepted ?
What are my options?
Asked 10 months ago in Family Law from Mysore, Karnatka
Religion: Muslim
1) Muslim divorce not granted by courts are legally valid without necessasiting the often cumbersome process of filing a declaratory petition before the family court to get them validated. 

2) Maharashtra government has now made life easier for married Muslim couples who have entered splitsville through the Shariat route. The state has carved an exemption for Muslims and clarified that Muslims who have taken or given divorce or dissolved their marriage through a talaq, khula, mubarat or talaq-e-taswiz will be treated as being validly divorced. They no longer have to still approach the family court or any other court of law to have such divorce declared as valid. 

3)since you are in Karnataka Muslims would still have to produce a decree from the family court for various government authorities including passport and even marriage registratars to recognize it as legal
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
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1) it would take 6 months to one year 

2) you have to file petition in family court for declaration that marriage is dissolved by khulanama 

3) notice would be issued to your ex wife 

4) if court is satisfied about dissolution of marriage it would pass order to that effect 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
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Hi, khula document from your cleric is valid divorce document. No need for divorce thru family court. Registrar is wrong
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1. Get the Khullanama validated by a civil court by filing a declaratory suit praying for declaratkion that you are divorced from your wife on account of the said khullanama,

2. Khullanama duly endorsed by Quazi as per sharia should be accepted by the Registrar,
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1. You should approach the family court through a lawyer,

2. Summons will be send to your wife and she shall have to submit her written statement,

3. The time to be taken by the family court depends on the load on the Court and how your lawyer pursues the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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You are required to file a petition for divorce in the court regardless of whether you ended the matrimonial tie through Khulanama or Talaqnama. So engage a lawyer to initiate the legal process which may take around 6-8 months to culminate.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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I have got a match who is of christian faith, I being from Muslim background intend to marry this girl under special marriage act. I have been told by registrar office that I need to get court order on Divorce. The Khula Nama is not acceptable.
Why is Khula document not accepted ?
The registrar office staff is ignorant of law.   If he cannot recognise different religion's governing law, he is an unfit person to sit in that chair.  You may get this khulanama certified by the Mosque authorities where you offer prayer every day.  They will issue a certificate for talaqnama for a talaq through khula and this is a valid divorce certificate dissolving the marriage performed under Muslim Personal law.   You can approach the Sub-registrar directly with this and an application to register your subsequent marriage under special marriage act, if the sub-registrar refuses to accept the application despite giving the documents satisfying the dissolution of your previous marriage as per law, ask him to give the same in writing an after that you can file a mandatory suit against the sub-registrar to refrain him from objecting to your application for registration of your subsequent marriage under SMA.




T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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To get decree from the family court, can I approach through my lawyer to family court? Without My Ex-Wife. I have the Khula document. Approximate time to get this Decree from the family court.
The court will not entertain any such application based on the Khula.  If you want to apply for divorce through court, then the divorce case procedure has to be followed properly from the beginning, however, a Muslim male cannot approach for divorce through family court, he has relief only through such arrangements by which you had this one.However a Muslim female can approach court with a divorce suit under dissolution of Muslim Marriages Act 1939 section 2.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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