Marriage with muslim man with khulla

Querist : Anonymous (Querist) 30 July 2024 This query is : Resolved
Hi, I'm a Hindu woman and my fiance is a Muslim man who has got khulla from his ex wife. The khula nama is issued by qazi.
Now we want to apply for special marriage act. Is this khula nama valid or will he need to apply for divorce decree?

Please do help understand what are the possible ways without having the need to contact his ex wife.

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kavksatyanarayana Online

(Expert) 30 July 2024
After khulanama by the wife, the husband can remarry another girl/woman.

T. Kalaiselvan, Advocate (Expert) 31 July 2024
The Nikah, Talaq and khula are all pertaining to Muslim personal law alone.
As you both are planning to marry under special marriage act, you both are required to declare yor marital status.
If either of the person is a divorcee, then they have to produce the valid divorce decree.
The khula would be valid for the Muslim man to marry again under Muslim personal law, whereas if he wants to remarry under Special marriage act then he may have to produce divorce decree granted by court of law declaring that the dissolution of their marriage under Muslim personal law under the provisions of khula is valid.
For that the Muslim male has to file a suit for declaration before the jurisdictional civil court and get a decree declaring that their marriage dissolved by khula is legally valid.
He can subsequently remarry a girl of different religion under the provisions of special marriage act.

Querist : Anonymous (Querist) 31 July 2024
Please can you advise on how to file a suit for declaration?

T. Kalaiselvan, Advocate (Expert) 31 July 2024
You have to file a civil suit for declaration to declare the dissolution of your marriage by khula as valid and file the khulanama issued by Qazi of the Masjid as documentary evidence to establish the fact and implead the ex wife as defendant.
It is another regular suit.
You can engage the services of a local lawyer and proceed as suggested.

Sudhir Kumar, Advocate (Expert) 31 July 2024
You should meet a lawyer.

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