(1) What should I do in this case? (2) Will I get daughters custody, (3) Can she put up a legal notice for divorce through legal court. (I want to stay with her wife) and make my child stand on her legs).
Answer
(Fatwa: 539/434/B=1434)
The attitude of your wife is very rude and uncivilized. The nourishment of daughter is on mother till she attains the age of puberty. You should call a meeting of two or four people of your family and make your wife understand. Also try to continue the nourishment of daughter and her regular treatment. It is foolish act of your wife to send notice of talaq through court. If you want to live with your wife then behave her in good manner, avoid to give her any pain or to violate her rights. You might have some problem that is why your wife does not want to live with you, so first of all remove your shortcoming and then complain against your wife.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband