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I want a Divorce from husband, can I get both khula and Divorce under


19-May-2023 (In Divorce Law)
Hello, I had a nikah and then marriage was registered under Special Marriage Act 1954. Husband lives abroad, I have decided to part ways so I suggested we go ahead with Mutual consent divorce as per SMA but my husband's side is insisting I initiate khula and that should be it. Can both khula and divorce( under SMA ) be done at the same time? Also can he sign khulanaama but not give me a judicial divorce under SMA?
Answers (3)

Answer #1
535 votes
no khulanama is not valid as per the court then court will accept degree khulanama is not accepted by in Muslim Mohammedan law Muslim marriage day resolution act 1936 you need to file only valid the divorce petition 1936
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Answer #2
815 votes
Hello,
it would be better to get a formal divorce order from the competent court.
Khula can be done but since the marriage has been registered so it needs to be dissolved by an order of decree.
let me know we can take it forward.

thank you
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Answer #3
578 votes
if your marriage has been registered then it is better for you to take divorce from jurisdictional court. Khula can be drafted and executed at any time even without the help of religious clerics. you can file a divorce petition in court and get a notice is served on him.
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