Zaid was living with her wife after marriage near to wife’s parent house, and my wife is teacher, out of this wedlock we have two daughters, but one day after some dispute her father closed the door by changing the lock and Zaid parent went with me to understand wife for the purpose of solution but in vain and now Zaid living with his parents from 18 months, now wife is demanding khula (divorce demanded by wife), my question is that I have to give maintenance (nafqa) of wife and children after khula, because the wife is disobeying me from 18 month and we try our best to solve this problem but was in vain, then I have to give maintenance (nafqa) for children and her or what is matter? Kindly reply me.
بسم الله الرحمن الرحيم
(Fatwa: 523/523/M=04/1435)
The nafqa (maintenance) of a recalcitrant wife is annulled. In the case mentioned above, if you give khula with a condition that you will not be paying maintenance, then it will be cancelled; otherwise you will have to pay the maintenance. However, recalcitrance (nushooz) from a woman cancels her right of maintenance. After all, you will have to pay the expenses incurred on the daughters in any case.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband