Seeking talaq although maintenance is provided

Question

Question: Muhammad Isma‘il went to Pakistan; five times he came on a passport and fulfilled the conjugal right with Kamila, and he has also kept sending maintenance (nafaqa) by post. Now the husband is calling his wife Kamila to Lahore, but the wife does not want to go and refuses, and does not want to take the husband’s allowance either. Can the nikah now be annulled (faskh) according to the Shari‘a or not?

Answer

Since Kamila Bibi has been receiving her allowance from the husband, housing is also provided for her, the husband comes from time to time, and there is no compelling necessity, this woman has no right whatsoever to annulment (faskh) of the nikah.

Source: Fatawa Mahmudiyya

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