I heard that, if the husband and wife are not having sexual intercourse for 6 months, the marriage is said to be in valid. Please advice me what to do, because I do not want to give khula, and custody of my son.
Please also inform if (1) My marriage is valid or not? (2) Is there any necessity to sign on paper for divorce?
بسم الله الرحمن الرحيم
(Fatwa: 1213/284/TB=9/1434)
The maintenance of wife and son is wajib on husband. You may get it through negotiation and then take initiative for khula. Your nikah with him is still intact; the nikah will remain intact even if he does not have intercourse for six months or six years. The nikah will remain intact until he gives you talaq. As far as khula is concerned, it depends upon you; this may be settled through Shariah Panchayat.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband
