Q: My wife went to UAE by telling me that she needs to deliver some papers to her relative and within 1 month or 45 days she will return back, but four months passed and she didn't return. So I went to bring her back, she refused to return to India. Now since 2009 October/November till today she is not willing to return India even though we both are Indians and she use to insist on me that we will live in UAE only. But she don't want to understand the difference between local and outsider. In 27 December 2014 she told me she needs divorce because she don't want to go to India and after one day 28 December she used very filthy language to me and even she said if I am the son of my father, then I must hit her. As a result I slapped he once. Suddenly she called the police. I found it was already planned as her mother and sister also live with us. She filed in mahkuma Sharaya, alain. They asked me, I said I slapped her because she used filthy language and also spit on me and put scratches on my neck. The reports were there with the police, but to my surprise the judge gave her talaq instead of me. I never gave her talaaq. Now what is the state of my married life? Is it correct that a judge can give talaaq in the presence of her husband? Kindly reply me according to Ahaadith and Sunnah.
A: If there was a proper shar`ee sitting and the judge after listening to both sides found enough shar`ee reason to cancel the nikaah then he has the right to cancel the nikaah. However, from your explanation that you just gave her one slap, this does not provide sufficient reason to make faskh of a nikaah.
And Allah Ta'ala (الله تعالى) knows best.
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