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Can't marry multiple times if you can't maintain wives: Kerala HC to Muslim man
A woman who claimed to be the man's second wife had approached the court seeking a monthly maintenance of ₹10,000 from her husband, who survives by begging.
The Kerala High Court slammed a blind beggar who had married twice under Muslim personal law and was allegedly threatening his second wife that he would marry again. The court said that he cannot marry twice or thrice if he has no capacity to maintain the wives.
The observation was made by Justice P V Kunhikrishnan when a 39-year-old woman, who claimed to be the man's second wife, approached the court seeking a monthly maintenance of ₹10,000 from her husband, who survives by begging.
According to the petitioner, the 46-year-old man currently lives with his first wife in Kumbadi and reportedly survives by begging, but was still threatening to take a third wife.
The court satirically referred to a Malayalam phrase implying, “Don't put your hand into a begging bowl.”
Earlier, the petitioner had approached a Family Court, which dismissed her plea, stating that her 46-year-old husband, who was surviving on begging, could not be directed to pay maintenance.
However, Justice PV Kunhikrishnan also took a wider view, bringing into question the abuse of religious custom, the role of the state, and the ethical boundaries of polygamy.
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Despite the man's claims of destitution, the court found that he was receiving nearly ₹25,000 a month through various sources, including alms. However, Justice Kunhikrishnan declined to grant maintenance, stating plainly, "This court cannot direct a beggar to pay maintenance to his wife."
'Husband not a saint': Court
The judge also noted that the husband was not a saint. "Even though he is blind and a beggar, as stated by the petitioner, who is his second wife, he has been threatening her that he will soon enter into a third marriage with another woman," the court observed.
"Admittedly, the respondent belongs to the Muslim community, and he is taking the benefits of his customary law, which, according to him, allows him to marry twice or thrice. A person who has no capacity to maintain a second or third wife cannot marry again, even as per the customary law of Muslims," the court further said.
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The judge also referred to the Quranic view on marriage, highlighting that monogamy is the norm in Islam, while polygamy is permitted only under strict conditions, chief among them, the ability to treat each wife justly.
The court further said that successive marriages of the man, when he was only a beggar, cannot be accepted even under Muslim customary law.
The court directed that a copy of its order be given to the Secretary of the Social Welfare Department for appropriate action. "The department should provide counselling to the respondent, assisted by the competent counsellors, including religious leaders," it ordered.
