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Question
Is muslim qazi permitted to invoke the proceedings of khula on the unilateral initiation of woman living away from her husband in the absence of her husband?
Answer
Praise be to Allah.Yes,
that is permissible, because the qaadi (judge) has the authority to
separate husband and wife and thus end the marriage if it is impossible
for them to maintain a stable marriage and if the wife is being harmed
by her husband’s neglect, whether it be sexual, economic or social.
The qaadi should study each case on its own merits and look into the
circumstances surrounding each case. The husband’s absence has no effect
on the validity of the annulment.
Source: IslamQA (Sheikh Muhammed Salih Al-Munajjid)