A wife has estranged herself from her husband.

Answer

As long as the husband supports his wife and has made available to her a home in which she has her privacy, the Jamiat will not be able to annul the marriage.

Khulah cannot be issued or granted by the Jamiat or by anyone else. Khulah is a mutual agreement between husband and wife to terminate the Nikah in lieu of a sum of money which the wife will pay to the husband. The amount is the Mehr which the husband had given her. If the wife wants to end the marriage and the husband refuses, but she offers him monetary inducement, and he accepts, then the marriage will come to an end. But, if he rejects her khulah proposal, the issue then closes and she remains in his Nikah.

Furthermore, if the wife goes to the Jamiat seeking Faskh (an annulment), the Jamiat is under obligation to inform the husband and summon him to a hearing where both he and his wife will be present. At the hearing if the wife's grounds for her application of annulment are found to be valid, the Jamiat will ask the husband to pledge that he will in future fulfil her rights and support her, etc. If the husband agrees and promises to fulfil her rights, the matter ends there and no annulment can be granted.

However, if the husband refuses to make the requisite pledge, the Jamiat will then ask him to issue one Talaaq Baain. If he refuses, then only will the Jamiat annul the Nikah.

Also remember, that if the Jamiat summonses the husband to attend the hearing and he refuses, the Jamiat will have the power to annul the Nikah in his absence. Therefore, it is vital that the husband attends the hearing. He will not be able to impede or thwart the annulment process by absenting himself.