بسم الله الرحمن الرحيم
(Fatwa: 1290/1005/D=11/1434)
If the condition of your husband mentioned by you is true and you are facing severe difficulty regarding the maintenance and marital rights and there is no hope of improvement from the husband then in such case you may proceed for khula. But the consent of both husband and wife is necessary for khula i.e. if you demand for khula then it is necessary that your husband accepts it. Khula cannot take place without the consent of husband. And if you demand for khula through any Islamic Darul Qaza or Shariah Panchayat then too the consent of husband shall be inevitable. Yes, in some inevitable circumstances the Darul Qaza or Shariah Panchayat have the right to revoke the nikah in case the conditions of annulment are found. The detail is mentioned there in Al-Heelah Al-Najizah. Thus in case the husband is not ready for khula you must contact Islamic Darul Qaza or local Shariah Panchayat.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband