If the husband & wife don't stay even a night after nikah for long time then the marriage becomes invalid

Answer:

In Islamic law (Shari'ah), a marriage (nikah) does not become invalid or automatically dissolved simply because the husband and wife do not stay together or consummate the marriage for a long period of time after the nikah ceremony. The nikah contract remains valid and binding until it is explicitly terminated by divorce (talaq), annulment (faskh) by a Qadi (Islamic judge), or death.

Key Points from Hanafi Fiqh:

1. Validity of Nikah is Independent of Cohabitation
   The nikah contract is a solemn agreement that establishes the marital relationship. Its validity is not contingent upon the couple living together or having physical intimacy. Even if the spouses do not meet or stay together for years, the marriage remains intact as long as no explicit dissolution has occurred.
   (Radd al-Muhtar, 3/558; Fatawa Alamgiri, 1/307)

2. Conditions for Annulment (Faskh)
   A marriage can only be invalidated by specific legal grounds, such as:

   • Apostasy (riddah)
   • Missing husband for a prolonged period (mafqud al-khabar) – but only after a court verdict
   • Defect in the partner (e.g., impotence, insanity) leading to judicial annulment
   • Lack of proper guardianship or consent at the time of nikah

   Not staying together does not fall under these grounds.
   (Al-Hidayah, 2/345; Sharh Ma'ani al-Athar, 4/89)

3. Rights of the Wife in Case of Prolonged Separation
   If the husband deliberately avoids cohabitation without a valid excuse, the wife has the right to:

   • Demand full maintenance (nafaqah) from the husband, even if they do not live together.
   • Seek judicial intervention to compel the husband to fulfill his marital duties or grant a divorce (khul‘ or talaq).

   However, the marriage itself does not become invalid automatically.
   (Fatawa Usmani, 2/312; Imdad al-Fatawa, 4/249)

4. Misconception About "Consummation"
   Some people mistakenly believe that if consummation does not occur within a certain time, the nikah becomes null. This is not correct. Consummation is a recommended act (sunnah) but not a condition for the validity of the marriage. The nikah remains valid even if consummation never takes place.
   (Behesti Zewor, vol. 6, chapter on Nikah; Ma‘ariful Quran, 4/586)

5. Hanafi Scholarly Consensus
   Imam Abu Hanifa, Imam Abu Yusuf, Imam Muhammad, and later authorities like Ibn Abidin and Mufti Shafi‘ all agree: a marriage does not dissolve by mere passage of time or lack of cohabitation. Only a clear verbal divorce or a court order can end it.
   (Usul al-Shashi, p. 187; Fatawa Usmani, 2/315)

Practical Ruling:

• The husband and wife remain legally married unless one of them issues a divorce (talaq) or the wife obtains a judicial annulment (faskh) through an Islamic court.
• If the separation is due to the husband’s refusal without reason, the wife may take the matter to a Qadi, but she cannot consider herself unmarried without proper procedure.
• It is sinful for a husband to abandon his wife without maintenance or intimacy, but the marriage contract remains in effect.

Conclusion:

The marriage does not become invalid simply because the couple does not stay even one night together after nikah for a long time. The nikah stands until a valid dissolution (talaq, faskh, or death) occurs. Any belief to the contrary is baseless in the Qur’an, Sunnah, and authoritative Hanafi fiqh works.