A written divorce is effective if the husband actually intends it
12-7-2014 | IslamWeb
Question:
Assalamoualaikoum, am in a confusion plz advice me.ive been living separately in the same house of my husband during last 3 years,as he is having affair with Hindu woman.i hve one son 4years old.am living there just for the sake of my son.one day i could not tolerate to see wat he is doing to me,i ask him to give me talaaq.he was not agreeing but i insisted,i gave him a paper n pen to write. He write as follows: since u r insisting am giving u all ur 3 talaaq, hope this will change ur life. Then i continue to live there bcoz of my son but i regret wat ive done.one day i tried to go near him but he refused me.wat shall i do. Do i have any right on him. Is it proper for me to continue stay over there.please advice me as am confused. Jazakallah
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.
Writing the words of divorce is one of the indirect formulas (metaphors) of divorce, and divorce does not take effect by the occurrence such formulas unless the husband actually intends it. For more information, please refer to Fatwa 87687.
The statement ‘I am giving you all you three divorces’, in the present continuous tense is also an indirect formula of divorce, so this depends on the intention of your husband. If he intended divorce, then divorce has taken effect. However, does this take place as one divorce or three divorces? The answer is that there is a difference of opinion among the scholars about this, which we have clarified in Fatwa 205489.
The view we adopt here in Islamweb is the view of the majority of the scholars, which is that divorce takes place as three divorces. This means that you have become irrevocably divorced from him and you are not lawful for him until you marry another man who must consummate the marriage with you (and then he divorces you or dies). For more information, please refer to Fatwa 82541.
Also, for more information on the rights of a divorced woman, please refer to Fataawa 83934 and 86603.
On the other hand, it is permissible for you to live in the same house provided that you have a separate part thereof that has its own facilities. For more benefit, refer to Fatwa 96286.
Finally, it should be mentioned that the relationship of that man and that Hindu woman is a tremendous evildoing and a huge sin, as it is not permissible for a Muslim man to have a relationship with a non-Mahram woman, whether she is a Muslim or a non-Muslim.
Allaah Knows best.