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Islamic Marriage with Special Marriage Act 1954


21-Sep-2023 (In Muslim Law Law)
Hi,nMarriage was performed as per Islamic way (Nikanammaha) in the year 2008. The marriage was registered under special marriage act 1954 (Central Act no.43 of 1954) . nnAs per marriage certificate "A ceremony of Marriage has been performed between them and that they have been living together as husband and wife since the time of marriage and that in accordance with the desire to have their marriage registered under the Special marriage act 1954"Now in Oct 2021 Khula was given and was accepted.How to get out of this special marriage act 1954 and can I go for second marriageThank-you
Answers (2)

Answer #1
626 votes
once you have registered under Special Marriages Act, khula will not be applicable. you will have to go for a mutual consent divorce and decree should be passed by competent Court only. If one of the party is not coming forward for mutual divorce then you can contact me for a solution.
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Answer #2
808 votes
What was the reason to be register the marriage under the special marriage act is to be known.
1. Get the khula notified by both of you before the presence of the notary.
2. File a declaration suit and get a decree of separation.
3. File a case before the family court and get the matter settled amicably that there is no settlement consideration and both of you are free to marry any other person of the own choice without any interest of the other side.
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