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Wassana C Phil (Freelancer)     27 November 2015

Would khulanama be sufficient to remarry under sma?

Dear all experts, 
 

I am a Thai citizen and my boyfriend is a Muslim. My boyfriend was marrried before and got divored 3 years ago under the Muslim law. We are planning to get married under Special Marriage Act but we were told that without a decree from court as proof of his previous terminated marriage, we won't be able to proceed with our marriage procedure. 

In my boyfriend case, when he and his ex wife separated, it was made clearly from the girl side that they didn't want to file the case in court, thus my boyfriend has only the Khula Nama as a proof of their separation.

I have done some research myself on this and found an old information 4 years back regarding this very similar situation, the forum was answered by a few experts here saying that if he has got such Talaqnama or the Khulanama, then that is a sufficient proof for such divorce and more or less safe for marrying him under Special Marriage Act. 

But when we went to the registrar office, we were told that such document doesn't hold good.. we would need a decree from court only to proceed with our Special Marriage Act. We both feel very discourage about all this because we know that it would be very difficult having to contact the girl side to file a divorce case in court and the reason they didn't want to get this done in court earlier probably becasue they didn't want anyone to know that she was married before, so we doubt whether they would coordinate with us on this.

Please kindly advise us on this. 



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