I have a concern, on khula masla. Please I would like know, what is the fatwa for khula? Last year my wife filed a case for divorce, but during our fight in the court, we were staying together, and having same all the relationship which wife and husband usually have, including physically relationship as well, since the case was in the court and having relationship with husband and wife as it is and not legal divorce took place, before the judge, my wife withdrew the divorce case, according to this condition are we in the nikah or we are in divorce status, or we are count as ghair mahram. Additionally please add the comments if in the case like, a woman filed a divorce and having the relationship their divorce never took place wife and husband fought for one year in the court and if they bless with the child, what will be child situation, the child will haram or halal. I appreciated if you reply at your earliest convenience; Allah (SWT) will reward you, in-shaAllah.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 860/B-178/TB=1434)

If you have not given any talaq whether in written or verbal form before the case or after the case then the nikah of both of you is still intact. She is your wife and you are her husband. No talaq took place due to the case. After facing the case one year in the court, the child born in the meantime shall be your legitimate child and his lineage shall be with you. It shall not be illegal or illegitimate.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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