‘Beggar cannot pay maintenance’: Kerala HC dismisses wife’s plea
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Kochi: The Kerala High Court has ruled that a Muslim man with no means to support his family cannot be compelled to pay maintenance to his wife, while also observing that multiple marriages by a beggar cannot be justified under Muslim customary law.
The order was passed by Justice P V Kunhikrishnan after a 39-year-old woman from Perinthalmanna sought Rs 10,000 per month in maintenance from her 46-year-old husband, who survives by begging. The Family Court had earlier rejected her plea, noting that he had no capacity to provide financial support.
In a pointed remark, the High Court echoed a Malayalam phrase meaning, “Don’t put your hand into a begging bowl.” It also noted that the husband, despite being blind and a beggar, had threatened his second wife with plans to marry a third woman. He currently resides with his first wife.
The court said that while the respondent reportedly earned around Rs 25,000 from various sources, including begging, it found it difficult to accept the petitioner’s claim that her blind husband frequently assaulted her.
Justice Kunhikrishnan stressed that even under Muslim personal law, a man without the means to maintain multiple wives cannot marry again. Citing verses from the Quran, the court observed that the text promotes monogamy and allows polygamy only in exceptional circumstances where equal justice can be given to each wife. It added that most Muslims follow monogamy, which reflects the true spirit of the Quran, and urged religious leaders and society to educate those who misuse customary law.
The court also stated that begging cannot be recognized as a livelihood and emphasized the responsibility of the state, society, and judiciary to ensure that no one is forced into it. “If a blind man who is begging in front of the mosque and marrying one after another without even knowledge of the fundamental principles of Muslim customary law, he should be counselled appropriately. It is the duty of the state to protect the destitute wives who are victims of polygamy in the Muslim community,” the court said.
Directing the Social Welfare Department to intervene, the court ordered counselling for the man with the assistance of religious leaders and counsellors. It further instructed the government to ensure food and clothing for the wives of such destitute men.
Upholding the Family Court’s earlier order, the High Court reiterated: “I am of the considered opinion that this court cannot direct a beggar to pay maintenance to his wife. However, the government should ensure that the petitioners’ wives are also provided with food and clothing.”