Her husband broke his promise to take her to live with him abroad
29-3-2007 | IslamWeb
Question:
dear brother my earlier question (question no .2142574..was not answered properly i think some mis match plz answer to my question)...... my marriage was performed in 2004 and my husbad stays in london at that time i was promised tht i ll be taken to london in 6 months but as the time passed out till today nothing happened ....my husband came thrice to india in past three years but the last time he came he was not intrested in having bedroom relation ship with me and promised me that he ll be back in one month along with the visa and now it has been almost 8 months nothing happened....he never took my resposibility as he said he is studying and i m with my parents ...my question is IS OUR NIKAH VALID AS IT HAS BEEN ALMOST 2 YRS WE NEVER HAD BEDROOM RELATION SHIP HE NEVER TOOK MY RESPOSIBILITY SINCE THE TIME OF MARRIAGE AND THE TIME HE WAS HERE WITH ME HE NEVER MADE ME FELT THAT I AM HIS WIFE...and also my husband and in laws made me wait for three years spoiling my carrer and killing my every desire i had in me please help me out and tell me weather this nikah is valid if yes than HOW CAN I GET END THIS MARRIAGE...bcoz atleast my parents will get me married were i can get a status of wife ..plz help me out my in laws are not bothering to call me as usual my father keeps on calling them and ask about visa and again the same thing 3 to six months wait which i have been doing since past three years my husband calls me once in a month but nothing about visa ....plz answer my questions as soon as possible thanking you your sister
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.
If the marriage contract took place fulfilling the conditions of a correct marriage contract then it is a correct marriage, and the woman is considered the wife of her husband unless the marriage contract is invalidated or divorce takes place. The husband not spending on his wife or not having sexual intercourse with her does not affect the validity of the marriage contract and it is not permissible for the wife to marry another man as long as she is still considered the wife of her husband. For more benefit, please refer to Fatwa 89825.
As regards the problems which you have with your husband, then you should endeavour to solve them, first by seeking The Help of Allaah and then the help of the pious and righteous people from your family and the family of your husband, as reconciliation might take place and there is good in it. Allaah Says (what means): {… and settlement is best.}[Quran 4:128].
However, if reconciliation is impossible, then you may take the matter to the institutions which study the personal affairs of Muslims in order to study your case and repel the harm off you by divorcing you from him.
For more benefit, please refer to Fataawa 89039, 88292 and 85361.
Allaah Knows best.