I have been married to my husband for almost 8 years now and during these 8 years my husband has never fulfilled his role as a husband or as a father. Islamically he is the provider but he has never supported me financially in anything, rather it has been me who has been working continuously to pay for our day to day expenses. My husband has had numerous small businesses but they have all failed leaving me in a huge debt. Since this has happened he returned to India promising that he would get help from his family and would start sending me money to pay for the debt. He has been in India for over a year and I still have not received regular payments. Whilst in India he invested more than 25,000 and opened 2 businesses but he still did not think about the problems me and my daughters are facing. During our last conversation he denied having a debt and has now walked away from us. I have now decided I cannot live with him anymore. I want to apply for khula and would like some help from you.
بسم الله الرحمن الرحيم
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 Uloom Deoband