Answer
(Fatwa: 1679/1679/M=1432)
The consent of husband and wife is a condition in khula. Khula does not take place by one side. In the question mentioned above, the better option is that there should be no khula and no talaq and both should live as husband and wife. It is necessary on husband to fulfill his rights. Yes, if husband does not take care of wife and does not pay maintenance expenses then he should be demanded to give talaq. If he gives talaq then it is better; otherwise this case should be produced before local Shariah Panchayat. The members of the Shariah Panchayat shall look into the matter and pass their Shariah decision. If husband does not send paper then talaq or khula may be taken by phone as well.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband