He clearly wrote a notice of divorce but didn’t send it to his wife
11-11-2012 | IslamWeb
Question:
Dear Sirs, Husband make a holofnama (notice) by a lawyer on a 50 tk stamp. signed by husband and lawyer. also notary public by Govt. lawyer. He wrote their conjugal lifes problem and mention " Din't find no other way, so i reached on the notary public authority and I am declaring 1 talaq, 2 talaq, 3 talaq,and bain talaq in present of witness and De-touched from all relationships . From today i am not her husband and she is not my wife. From today we can't demand husband and wife each other. From today if we demand husband and wife that will not be acceptable lawfully.I have signed on the paper by reading,hearing, understanding and thinking the above declaration is real and authentic" Didn't send the 3 talaqs notice to the wife. Again husband prepare 1 talaq notice through kazi office.and send that notice to the wife and withdraw it within 80 days through an application to the City Corporation according to the law of Bangladesh and living together. they have 2 kids. still the wife didn't get any information about 3 talaqs. Is the marriage still valid? In this situation what is the solution in Islamic shariah. Please inform us the details. husband said he had no intention to give 3 talaqs her, he wanted to give her warning. He did it as the second wife insisted him.They are very much sorry for this. We want to know as the husband and wife living together, Is it support by Shariah? IF not support what will be solution for living together. Awaiting for your cooperation Thanks and b'regards Ms. Sabiha
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Writing a divorce or signing it is one of the metaphors of divorce by which divorce does not take place except if the husband had intended it. We have already clarified this in Fataawa 118112 and 89894. However, it is clear that the husband had intended divorce; the evidence is that he stated that this is a major irrevocable divorce and that his wife would no longer be his wife.
In addition to this, the husband had uttered the word of divorce when reading the written paper as he mentioned.
The fact that he did not send the announcement of divorce to his wife is of no effect as divorce takes place once the husband initiates it even if the wife does not know about it.
Also, saying the three divorces consecutively one after the other [in one session] takes place as three divorces, according to the view of the majority of the jurists 
and this is the view we adopt here at Islamweb.
Thereupon, an irrevocable divorce with major separation has taken place and the divorcee is no longer lawful for her husband until she marries another man in a valid marriage and he consummates the marriage with her and then he divorces her or dies. For more benefit on the kinds of divorce, please refer to Fatwa 82541.
As regards the second divorce notice, then it is of no effect because an irrevocable divorce with major separation had already taken place before it. The marital relationship that is taking place now after the major irrevocable divorce is forbidden. However, if there are any children born out of this relationship, then they are traced back to the father due to the doubtful marriage [i.e. due to the father believing that his marriage was still valid]. For more benefit, please refer to Fatwa 86301.
Finally, it should be noted that it is very serious to be lenient in regard to religious rulings and to do an act out of ignorance without consulting and asking the scholars when necessary. Allaah Says (what means): {…so ask the people of the message [i.e. former scriptures] if you do not know.}[Quran 16:43[
Allaah Knows best.