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Subhajit (Abcd)     09 January 2024

After getting khula nama cannot register the second marriage in hindu marriage act

I am a hindu boy who love a girl who is hindu by birth, few years back she got married to a Muslim guy by changing Her name in muslim, through nikanama and she also has a kid from her previous marriage.

After 3 years of her 1st marriage she got divorce by khula nama.

Now after 6 years of her 1st marriage we decided to marry each other, she also got converted to hindu again by the temple also has certificate of the same as we are planning to get married. But now the problem is at the time of applying for marriage registry, the advocate told us that khulanama is not being considered hence if we want to marry each other then she first needs to take divorce order by the court then only we can register our marriage.


Hoping for some helpful solution and guidance to this problem. Also wanted to know the consequences if we marry each other in hindu temple.

Looking forward for a solution to this problem thanks in advance.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 January 2024

If the previous marriage was solemnized by registration under special marriage act then it would be mandatory to dissolve that marriage by a decree of divorce through court of law,  if not then the certificate of dissolution by qazi based on khulanama would be sufficient to prove the dissolution of earlier marriage to enable registration of subsequent marriage 

Subhajit (Abcd)     10 January 2024

Thanks alot for your quick reply but the registrar office is telling we only accept court order as a proff that you are divorced in order to register the second marriage.

Sudhir Kumar, Advocate (Advocate)     14 January 2024

date and wording of khulanama is relevant.

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