Answer:
(Fatwa: 1542/1364=B)
Such a husband who is not arranging maintenance for his wife and gives her physical torture is mutaÂ’annit in Shariah term and below are the ways to get rid of him: (1) First of all, wife should demand khula from her husband. If he is not ready she can offer some money in return of talaq. Otherwise she can resort to a Qazi for justice and force him to give her talaq.
If this way is not applicable, then according to Maliki Maslak, wife can get her nikah cancelled with two conditions: (1) In case the expenses are not arranged (2) and she fears to fall in sin without a husband. The separation will take place in this way that wife will take her case to Sharai Panchayat. The Panchayat will investigate the matter through witnesses, if the claim is proven that the husband in deed does not arrange maintenance, then the Panchayat will force husband to give talaq and in case of his denial it will decide separation and cancellation of nikah according to Maliki Maslak,
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
