The ruling on the wife of an insolvent (mu‘sir) husband

Question

Question: My lawfully wedded wife filed a suit in the English court in Punjab, India, on the ground that her husband had not paid her food and maintenance for more than three and a half years, and that she should therefore be given permission for a second nikah. The court issued a summons for my appearance. Since I was abroad, I sent a written reply to the court, which for some particular reason was not placed before the court.

Answer

If he did not write talaq in his reply to the suit, then talaq has not taken effect. As long as there is a husband, the court has no authority to give talaq on his behalf. However, if the court is Muslim, it has the authority to compel the husband by pressure to pay maintenance.

Source: Fatawa Mahmudiyya

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