Can a judge divorce a wife despite the husband's refusal and the absence of any proven religious or moral defect on his part, especially after a marriage that lasted 12 years and resulted in 4 children, and the wife's departure from the marital home, leaving the children for a year?

A woman has the right to seek khul' (divorce at the wife's instance, usually by giving compensation) from her husband if she dislikes him, just as a man has the right to divorce. It is permissible for a woman to free herself by means of money, as Allah Almighty says: ﴿And if you fear that they will not uphold the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.﴾ It is reported in the hadith that the wife of Thabit ibn Qays sought khul' from her husband, and the Prophet, peace and blessings be upon him, approved of it. It is commendable for the husband to grant his wife's request for khul' if he perceives sincerity from her in that and she has a legitimate excuse.