Legally speaking there is no necessity for the Darul Qaza or the Jamaat to certify the Khulanama, because they are not the legal authority to grant divorce under Muslim personal law.

The Personal law is very clear that the khulanama or talaq becomes valid with anyone witnessing it. 

If you still insist on further legal compliance in this regard, you may have to file a civil suit for declaration to declare the dissolution of your marriage by Khulanama is valid.

No doubt this divorce decree/judgment would be pertinent if you want to remove your spouse name from your passport and not otherwise.

Therefore this Khulanama declaration with two witnesses attesting the same is a legally valid divorce as per Muslim personal law in general law too. 

You should register the khula Nama 

2) you can file petition for declaration that marriage is dissolved by khula Nama 

khula requires a formal procedure. It has to be certified by office of local qazaath attested by wakf board. Procedure  for valid khula/divorce  is laid down by State government. Any khula ignoring such procedure  is invalid.

You need to file petition in family court for the validation process of khulanama as per shariat Act

Under Muslim personal law, a Khulānamā (divorce by mutual consent initiated by the wife) can be valid, but there are certain requirements and nuances involved in its legal validity and enforceability. Here’s an analysis based on the details you have provided:

1. Validity of Khulanama Without Darul Qaza, Jamaat, or Kazi Involvement:

• Role of Darul Qaza, Jamaat, or Kazi: While the involvement of a Darul Qaza, Jamaat, or a Kazi is not mandatory for a Khulā under Muslim law, it is advisable to have a formal and legal process to ensure the document's validity. A Kazi is generally considered an authoritative figure who can officiate and record the Khulā, ensuring both parties understand the terms and conditions.

• Witnesses: The requirement of two witnesses from both parties is generally enough to validate the Khulā, assuming that both parties agree to the terms voluntarily. However, notarization or registration is not a strict requirement under Muslim law, but it helps strengthen the document's authenticity in the eyes of the law.

2. Legal Impact and Potential for Challenge:

• Challenging the Khulanama: Since the Khulā was sent by your ex-wife via registered post, the absence of Kazi or registered authority could make it slightly more vulnerable to challenges. However, the presence of witnesses(from both parties) and the clear agreement to the divorce generally make it a valid document under Muslim law.

• If either party disputes the Khulā or claims that it was forced or coerced, the lack of formal registration or the absence of a Kazi could allow for potential challenges. In such a case, a court could examine the circumstances surrounding the signing of the Khulā, including the involvement of witnesses and the lack of notarization.

3. Legal Consequences for You:

• Does it affect your legal status? If the Khulā was executed properly, it would be treated as a divorce under Muslim law, and there should be no ongoing marital obligations between you and your ex-wife.

• However, since the document was not formalized by a Kazi or court, there is a possibility of future legal complications or challenges, particularly if your ex-wife or her family later disputes the Khulā or seeks to reverse the divorce.

4. Can You Approach a Kazi to Validate It?

• Validation by a Kazi can add legitimacy to the Khulā. You can approach a local Kazi to have the Khulā formally validated and recorded in the presence of the Kazi. This may involve having the document signed again in the presence of the Kazi, who can then provide an official stamp or validation. This would strengthen the legal standing of the Khulā.

• Judicial recognition of a Khulā might depend on the jurisdiction of the court you approach, but having the Khulā documented in a formal and official manner is beneficial to avoid future challenges.

5. Steps You Can Take:

• Approach a Kazi or Darul Qaza: To ensure the document’s legal standing, especially if it is being questioned, you can approach a local Kazi or Darul Qaza to have the Khulā formally recorded. While the absence of these bodies doesn’t automatically invalidate the Khulā, getting it officially recorded can help safeguard against future disputes.

• Consult a Lawyer: You may want to consult a lawyer experienced in family law and Muslim personal law for further advice on securing your rights and ensuring the Khulā is legally valid and enforceable.

Conclusion:

While your Khulā may be valid under Muslim personal law, the absence of formalization by a Kazi or court makes it susceptible to future challenges, particularly if any party disputes the terms. It is advisable to approach a Kazi or Darul Qaza to have it validated, which can help in providing legal certainty. Consulting a lawyer specializing in family law can also be a good step to ensure your position is legally protected.

Khulanama is valid but always advisable to get it validated by court as it is not a registered document 

2) it is not necessary for valid dissolution of marriage that it has to be done through Darul Quaza 

1. What is the vulnerability that you apprehend? Your marriage was legally dissolved as per Muslim personal law by Khula form of divorce, which is recognised as legally valid dissolution of marriage by supreme court itself hence be aware tht this cannot be reopened by anyone including the ex-spouse. 

2. The All India Muslim Personal Law Board (AIMPLB) states that khula depends on both the husband and wife agreeing to end the marriage. Khula certificates issued by private bodies are invalid in law.

For your reference:

This question assume significance after the judgment delivered by Hon’ble Kerala High Court on 9th April 2021 in the case reported in 2021 SCC OnLine Ker 2024 

 The issue before Hon’ble Kerala High Court was regarding the right of Muslim women to dissolve marriage unilaterally by adopting the mode of “KHULA”. The observations made in Para no. 76 of the judgment read as under:-

76. The Family Courts Act, 1984 provides for the establishment of the Family Courts to exercise the jurisdiction exercisable by District Courts or any subordinate civil courts under law in regard to the matters specifically referred to in Section 7 of the Family Courts Act. Explanation (d) of Section 7(d) of the Family Courts Act, confers the Family Court with the jurisdiction to declare the matrimonial status of any person. Therefore, there is no difficulty for the Family Court to endorse an extra-judicial divorce to declare the matrimonial status of a person. In the matter of talaq, khula, mubara'at, talaq-etafwiz, the Family Courts shall entertain such applications moved by either of the parties or both parties to declare the marital status of such parties.

However, Muslim community is still under the misconception that the Kazi appointed under Kazi Act, 1880 has power to deal with their personal matters especially matters regarding dissolution of marriage. Astonishingly, Kazis also treat themselves like Judges having power to pass the decree of dissolution of Muslim Marriages and continued to deal with the matters of dissolution of Muslim marriages certifying the pronouncement of Talaq and Khula. The person who is authorised to deal with the matters of dissolution of marriage must have Judicial powers and powers to administer the oath. Neither the kazi has powers to administer the oath nor powers to deal with the matters of dissolution of Muslim marriage, nor such matter could be assigned to them.

3. Your this question finds an answer in the above lines, hence you can read the above patiently and proceed as suggested earlier instead of getting confused over the AI answers found in the internet in this regard.

She will not be under your nikah it’s better to take a declaration from court so that you don’t have issue in future to use the khulanama as public document 

Your questions are important, as they touch on the intricacies of Islamic law and its practical implications. Let me address them systematically:

1. Vulnerability to Challenges After Two Years

The passage of two years without claims or disputes significantly reduces, but does not eliminate, the vulnerability of the Khulanama to challenges. Here's why:

• Limitation Period in Courts:

  • Under general legal principles in India, the limitation period for challenging a document (e.g., alleging fraud or invalidity) is typically three years. However, family disputes under Muslim law may have exceptions.

• Conduct of the Parties:

  • If neither party has acted contrary to the terms of the Khulanama (e.g., no attempt to resume cohabitation or claims for maintenance), it strengthens its validity. Courts often consider conduct as evidence of implied acceptance.

• Risk Factors:

  • A challenge can arise if:

    • The ex-wife claims she never consented or did not understand the terms.
    • The document's procedural deficiencies (e.g., lack of notarization, absence of Qazi) are exploited.

  While these risks exist, the absence of disputes for two years is a favorable factor for you.

2. Concerns Raised by the Local Qazi About "Still Under Nikah"

The Qazi's statement implies that the divorce process (Khula) may not be complete according to certain procedural or community norms. Here’s what it means:

• Nikah Under Muslim Law:

  • A valid Khula ends the marital relationship if it satisfies the core conditions:

    1. Mutual consent.
    2. Return of dower (if applicable).
    3. A clear offer and acceptance of Khula by the wife and husband.

  The absence of formal involvement by a Qazi or Darul Qaza does not invalidate the Khula under Islamic law if these conditions are met.

• Local Practice and Customary Norms:

  • In some communities, local Qazis or Darul Qazas play a significant role in registering or overseeing divorces to avoid disputes. Their non-involvement might lead to doubts about procedural completion, but this is a customary issue, not a strict legal requirement under Islamic law.

• Implications:

  • If the Qazi insists that your ex-wife is still under your Nikah, this may reflect an administrative perspectiverather than a substantive one. You can counter this by showing:

    • The executed Khulanama.
    • The absence of disputes or continued cohabitation.
    • Any witnesses who can attest to the Khula's terms.

3. Implications for a Fresh Start If She Is Still Under Nikah

If there is any ambiguity regarding the Khulanama’s finality, here’s how it could affect a fresh start:

• Potential Disputes:

  • If you remarry or pursue a new relationship while doubts about the existing Nikah persist, it could lead to:

    • Allegations of bigamy under Indian law.
    • Claims from your ex-wife asserting rights under the existing Nikah.

• Clarifying the Nikah Status:

  • To avoid disputes:

    • Seek a declaratory decree from a family court confirming the Khulanama’s validity and the termination of the Nikah.
    • Alternatively, consult a Qazi to formalize and validate the divorce retroactively.

• Financial Implications:

  • If your ex-wife successfully claims she is still under Nikah, she may demand maintenance or other marital rights until the Nikah is formally terminated.

• Religious and Legal Standing:

  • Resolving the Nikah status is essential for both religious and legal peace of mind. Without clarity, both you and your ex-wife remain vulnerable to future disputes.

Recommended Steps

1. Validation of Khulanama:

   • Approach a Qazi or Darul Qaza with the Khulanama, evidence of its execution, and witness statements. Request a certificate or declaration affirming its validity.

2. Legal Declaration:

   • If the Qazi does not agree, file for a declaratory decree in a family court to establish the Khulanama’s validity.

3. Avoid Future Ambiguities:

   • Once the Khula is validated or reaffirmed, keep the documentation in order for future reference.

4. Fresh Nikah or Remarriage:

   • Ensure the termination of the prior Nikah is formally recognized before entering into a new Nikah to avoid legal or religious complications.

Final Thoughts

The statement that "she is still under your Nikah" is likely due to the absence of procedural formalities rather than substantive flaws in the Khulanama. Resolving this issue through either a Qazi or the court will ensure you can move forward without ambiguity.

If you need assistance with drafting applications, representing you in court, or consulting with a Qazi, feel free to reach out.

Dear Client,

Your Khulanama might be acceptable under Muslim law, since it had mutual agreement and two witnesses from both parties signed, even without involvement of Kazi, Darul Qaza, or notarization. The only fact that it is not validated by a formal authority makes it open to challenge in the future, specifically on grounds of the propriety of procedure. With two years having gone by without a challenge, risks of challenging are diminished. However, the fact that the local Qazi expresses concern over your ex-wife still being in Nikah with you suggests that their records do not give credence to the Khula procedure done. In due course, this might bring about disputes either if your Khula will be contested, if such contest becomes necessary, or when you would want to marry again. In any case, your Khulanama should better be formalized through a local Qazi, Darul Qaza, or court so its validity can be confirmed on legal as well as religious grounds. Let me know if further guidance is required.

- Since, this Khulanama is executed in the presence of two witnesses then it can be considered as a valid document 

- However, you can file a declaration suit before the family Court for getting divorce on the ground of said Khulanama. 

1. Is the Khulanama Valid Under Muslim Law?

• Validity of the Khulanama:

  • A Khulanama is valid under Muslim law if:

    1. It is mutually agreed upon by the husband and wife.
    2. It involves witnesses (which you have).
    3. There is a clear intention to dissolve the marriage.

  • Since the Khulanama was signed by both parties and witnessed, it is considered valid in principle, even if no local authority (Darul Qaza or Kazi) was involved. However, non-involvement of a Kazi or notarization might make it susceptible to challenges in court.

• Challengeability:

  • If there has been no dispute for two years, the likelihood of a challenge is significantly reduced.
  • However, a claim can still arise if someone questions the procedural formalities, such as the lack of involvement of a Kazi or Darul Qaza.

2. Concerns Raised by the Local Kazi About "Still Under Nikah"

• The Kazi’s concern about your Nikahnama implies that the formalities for completing the dissolution (Khula) may not have been recognized by local Islamic authorities.

• Implications:

  • 
    Under Islamic law: Some schools (e.g., Hanafi) emphasize formal acknowledgment by a Qazi, Darul Qaza, or Jamaat to document the divorce properly.
  • 
    Under Indian law: Divorce must be communicated and documented adequately. Courts may consider the Khulanama valid if it meets Muslim personal law criteria, regardless of Kazi involvement.
  • Without formal acknowledgment, there is a perception that the marriage bond persists, leading to potential complications.

3. If She Is "Still Under Nikah"

• Fresh Start Implications:

  • If the Khula is deemed incomplete, legally or religiously, any remarriage or relationship could result in:

    1. Allegations of bigamy, as you are technically still married under Muslim law.
    2. Disputes about property, maintenance, or marital obligations.

• Steps to Avoid Issues:

  1. 
     Validate the Khulanama:

     • Approach the Darul Qaza or local Jamaat to formally acknowledge and validate the Khulanama.
     • Obtain a divorce certificate from a local Kazi for added assurance.

  2. 
     File a Mutual Petition:

     • If needed, file a joint petition for divorce in the family court to ensure that the dissolution is recognized under Indian law.

Recommendations:

1. 
   Validate the Khulanama through a local Kazi or Darul Qaza for religious and procedural completeness.
2. Retain all documents, including the Khulanama and witness details, to defend against any future claims.
3. For absolute clarity and to avoid disputes, file a divorce declaration in the family court under Muslim Personal Law.

This approach ensures your marital status is unambiguously settled and protects you from future complications.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.