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Fatwa CenterHis wife left him believing that her divorce is a major irrevocable one
Question
dear allahmah , my name is hussain zaheer shah s/o agha fakar alam shah from karachi belongs to deobandi maslak. i was marride with rubina khan d/o yaqoob khan in karachi in 2/1/2004 it was totally love marrige but my parents did not accept this marrige because she was elderabout 7 years and divorced from ex hasband and 2 children from ex hasband . years 2004 till 2006 my married life is very happy but since 2007 its was horeble besauce of my wife and my parents both were not happy with each others because of the reasons which i wrote on top . in 2007 Iand my wife rubine both were yelling reasons i was forcing her to meet my parents in this yelling i told him only ONE TIME.
THAT I GIVE YOU DIVORCED BECAUSE OF MY PARENTS (REMEMBER ONLY ONE TIME SAYS)
AFTER THIS WE SLEEP TOGHETHER IN THE SAME MONTH
AFTER 2 OR 3 MONTHS AGAIN WE HAD FIGHT WITH THE SAME REASON
THAT TIME I TOLD HER
FROM TODAY YOU WILL SLEEP ALONE AND I WILL SLEEP ONOTHER ROOM AND YOU NO MORE IN MY LIFE . BUT (REMENBER THIS TIME I WILL NOT SAY DIVORCE WORD)
AGAIN WE INVOLVE PHYSICAL RELATION WITH THE SAME MONTH.
BUT MY WIFE SAY NO I WAS SAID HER 3 TIMES TALAK IN WHICH I TOLD HER NO I WAS NOT SAID TO YOU 3 TIME BUT SHE DID NOT LISTEN ME I DONT KNOW WHY .BUT SHE SAID THREE TIME
BUT ALL MIGHTY OF ALLAH WHAT I AM WRITING IS TRUE BECAUSE I HAVE GO BACK TO GOD AND FACE GOD . I AM 100% SURE OF MY STATE MENT SHE LEFT MY HOUSE IN ABSENCE OF ME WITH HASAN IMAM SHE IS A FRIEND OF MINE AND SO CALLED BROTHER OF MIN WIFE. THAT MAN IS WAS INVOLVE IN BLACK MAGIC TILL TODAY I WAS NOT KNOW WHERE IS MY WIFE FROM THE LAST 3 WEEK I CAME TO KNOW SHE IS LIVING IN KARACHI WITH THIS MAN AND LIVING HAPPYLY WITH THIS HASSAN IMAM. I WAS SAW MY WIFE WITH HIM ON SEVERAL TIME IN MOTOR BIKE .
STILL MY WIFE IS NOT AGREED .
MY QUESTION IS PLEASE TELL
THAT MY STATE IS CONSIDER AS A TALK?
IN SHARYAT MY WIFE CAN TALK WITH NA MAHRIM PERSON?
IF MY WIFE IS NOT WILLING TO COME BACK AS PER ON FATWA WHAT WILL I DO ?
THANKS
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The jurists 
agreed that if a husband says to his wife ‘I divorce you’, then his divorce does not take place if he did not intend to initiate divorce in the present time (now). For more benefit, refer to Fatwa 92476. Similarly, if a husband says to his wife ‘you are no more in my life’, then this is one of the metaphors of divorce, and so, if the husband intended divorce when saying so, divorce takes place otherwise no.
If we presume that the husband intended divorce by saying these statements, then if he intended to take back his wife during the waiting period, he can do so; in which case, he has one divorce remaining after which his wife becomes irrevocably divorced from him.
Moreover, it is not permissible for the wife to go out separating from her husband after he took her back and it is not permissible for her to marry another man as she is still his wife.
We advise you to convince your wife to take the matter to the scholars to judge between you and her, and if she refuses, then you should divorce her as there is no good in keeping her.
At first, you should have obeyed your parents by not marrying her, and it might be that what happened was a punishment from Allaah for you because you did not obey your parents.
For more benefit on the ruling if the spouses differ about the number of divorces, please refer to Fatwa 88366, and to Fatwa 84120 on how to deal with a disobedient wife, and finally, to Fatwa 90904 on the Deobandi group.
Allaah Knows best.
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