Massallah pertaining to a feeling after making Istikharah

Question ID: 37771

Asalaamualaikum Mufti
a man has not yet divorced his 1st wife.she had taken a khula which according to him was not valid as the person who approved it was not an aalim but a man who merely writes books.she is convinced they are divorced.he said that he will not divorce her and if she gets married she wil be living in zina for the rest of her life.thats his way of punishing her. i told him thats not for him to decide and Allah will punish if he so wills.
a)to her she will not be committing a sin as in her mind she is convinced she is divorced.
b)is he not wrong in refusing to give the talaaq as he does not see to her maintenance-only that of the kids.she has a right over him for him to see to her well being if they are still married.will he not be liable for that and answerable for that?
all this is affecting me and i would clarity on it all so as to go on with our lives.
Mufti’s advice will be apprecaited.
was salaam

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Asked on May 5, 2011 6:31 pm
Private answer

Tell him to divorce in peace and good will the 1st wife. He should not have this policy of 'punishing her'.

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Answered on May 5, 2011 6:31 pm