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Fatwa CenterDivorced his abnormal wife but her family denies his divorce
Question
As salam u alaikum. I was married to an abnormal person, thought that it is my fate, and started my career with her, from the very beginning it was as such that she would not sleep the whole night and would feel un easiness for which I went to the doctors who after her examine find that she is abnormal, and asked me to find her family history and then came to know that it was her heredity, as my wife was expecting my first child the doctor prescribed some medicine, the mother of my wife then passed some remarks on me that I have been giving some medicine which make my wife abnormal, after the second child in quick two years my wife became weak and started to shit on the bed and would urinate on the bed, for which I have to clean. After the menstruation she would not even get Paak, I have to take her to the bathroom, and has to bath her myself. Now the doctor then asked her to give the sleeping pills and she would react less after that, the time passed by and the wedding of my sister-in-law take place and I went to her house where she misbehaved and started beating me and pulling my hair, it was such a dreadful caught that my head started ache and was treated at the doctors, after this incident I call my Father-in-law and confirm everything for which he said the people like you should get this type of punishment, before him I divorced my Wife being very quite, I asked her father that before you I am going to divorce your daughter while she was also standing. and call the word three times Talaq This incident took place 5years ago on2nd of June 2002.After that we did not meet each other and as I should not do any sin anymore, to look after me and my children I have decided to remarry now. The family member of my wife are now confirming that the Talaq is not given, if i keep her with me i will do Zina with her,and she is not able to maintain herself, how shall she keep us happy,while i stay out of my town,and twice or thrice i visit in a year please advice.
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.
In Islamic legislation, divorce is in the hands of the husband, if he confirms that divorce took place, it is his statement that will be taken into account and there is no consideration for the family of the wife denying it.
Repeating the word of divorce is either to initiate a new divorce or to confirm the first divorce, therefore if the husband intended to initiate a new divorce, divorce took place three times if he repeated the words of divorce three times, according to the view of the majority of scholars 
. However, some scholars are of the opinion that divorce takes place only once. In case he intended to confirm the first divorce, then divorce takes place only once. For more benefit, refer to Fatwa 82541.
As regards marrying another wife, then this is your right even if your first wife is with you, let alone when she is not your wife as you divorced her.
You should know that if the children are at the age of fostering, it is their mother who has the right in fostering them. However, since the situation of the mother is as you mentioned in the question, then she loses the right of fostering them, and the right of fostering moves to the female who has more right in fostering them, which is the grandmother from the mother's side. They will stay with her until they reach the age of distinction, which is seven years old, then they will be given the choice whether they want to remain with her [the woman who is fostering them] or to move to the father. This is in regard to the son. As regards the daughter, she will not be given the choice to choose, rather, she will stay with the father until he marries her off.
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