Talaq

Querist : Anonymous (Querist) 21 September 2015 This query is : Resolved
My religion is hindu however i got converted to islam to marry a muslim guy via nikah in 2006. We have taken talaq from qazi in june 2015. Now i am looking for marriage with hindu guy via court marriage. Want to know if talaqnama/khulanama would be considered by bandra court? I also have an Affedavit made by lawyer that we have mutually divorced and i am going back to my maidens name. Want to add: all my Id proofs are by my maiden's name. Kindly advice procedure and if talaqnama would be considered by bandra court?.. Thanks.

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Sudhir Kumar, Advocate (Expert) 22 September 2015
Mr Annonymous

no matter what is your name. given facts indicate you are still muslim.

SAINATH DEVALLA (Expert) 22 September 2015

Talaqnama is a valid document, no need for a court decree: HC
AUG 10, 2005

Mumbai, Aug 10 (PTI) The Bombay High Court has ruled that a Muslim lady who wishes to marry a second time to a Hindu man can do so as the talaqnama, issued by the religious head, is a valid document and there is no need for a court decree.
A Division Bench comprising Chief Justice Dalveer Bhandari and Justice D Y Chandrachud passed the order following a petition filed by Shabnam Khan (name changed) who wished to marry a Hindu man.

Khan's lawyer Flavia Agnes said she had obtained oral talaaq from her earlier husband on May 26, 2003 and subsequently the written talaqnama was obtained.

However, when she went to the registrar of marriages to get the second marriage certified under the Special Marriage Act, the register asked her get a court decree as the talaqnama was not a valid document.

Agnes said the registrar had asked her to get a court decree nullifying her earlier marriage as the talaqnama was not sufficient. He also asked her to convert to Hindu religion before getting married to a Hindu.

The Bombay High Court said a talaqnama issued by a qazi was a valid document nullifying a marriage and in that case a court decree is not required and that she can marry under the Special Marriage Act without changing her religion.

Rajendra K Goyal (Expert) 22 September 2015
No reply to query from anonymous.

Dr J C Vashista (Expert) 24 September 2015
Anonymous author???

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