Question Summary:
Does Khula take place without the consent of the husband?

Question Detail:

I had an arrange marriage few years back. Before marriage my inlaws portrayed themselves as very humble kind and respectful towards me and my family besides being religious. However soon after marriage they revealed their true hypocratic and immoral identity.
My husband had a very strange and really unpleasing attitude towards  every marital matter. He was indulged in various haram and immoral acts and always forced me towards those too. There was no single matter of life where I was given an excuse and not abused by him be it spirtual, marital, physical, psychological, economical affair. Besides his family also hated me a lot and tried every option to tease me even by abusing and insulting my family. I made every halal possible effort to correcten my husband so that he may leave his bad habits and come towards righteousness but to no avail.
The situation got worsen day by day and finally I was made to leave his house.the only option I was left with was of divorce. He refused to divorce me but was also not ready to leave the life of sin.
Finally I applied for Khula in the same year. The court made the decision in my favor and the dissolution of marriage got declared accordingly few months later. Please note that during all this perior from separation to khula he neither contacted me nor made any positive attempt to reconcile the matter but came up with a disgracing attitude and even revealed our personal relations.
Since according to our country's law a khula can take place even without the husband's consent .it happened in my case too where my ex husband was not willing for me to take khula from him. As far as Haq Mehr is concerned, I sent it back to him via court proceedings but he has not accepted that amount . My dowry articles (and gifts that my parents gave me on wedding) are also still with him and he is not ready to return anything from them. 
Last day while going through the fatwas issued on the topic of khula at your prestigious website, I came to know that its not valid if without husband's consent.
It has made me really confused and perplexed whether I am a divorced woman or still his wife. I have told you already about my painful marital life history. Please let me know what is my status in this context?  

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sister in Islam,
We are deeply disturbed by the account of your turbulent marriage. It is indeed a great misfortune that you faced such tragic circumstances in your marriage. We sympathize with you on your problems and commend you on your aversion to the evils committed around you. We also make dua that Allah grant you peace and happiness. Aameen
As far as your query pertaining to the validity of Khula without the consent of the husband is concerned, this is not a valid Khula.[1] Therefore, the dissolution of your marriage by the court by means of Khula without your husband’s consent will have no effect on your marriage. You are still considered his wife.
Our advice is that you consult an Ulama body in your area or a competent Islamic court and present your case to them asking for annulment of your marriage (Faskh-e-Nikah).[2]
As far as your Mahr is concerned, it still belongs to you as your marriage is still intact. Therefore, you may retract it from the court. As for your dowry articles (gifts e.t.c.), if they were solely given to you, then you may file a request with the court for their procurement. However, if they were jointly gifted to you and your husband, then it is imperative that you come to an agreement with your husband and share them equally.
 
And Allah Ta’āla Knows Best
Nabeel Valli
Student Darul Iftaa
Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net