The Kerala High Court has ruled that a Muslim man cannot justify multiple marriages if he lacks the means to support his wives, especially when one seeks maintenance through the court. The High Court made the observation while hearing a plea from a woman seeking ₹10,000 monthly maintenance from her husband, who survives by begging.
Justice PV Kunhikrishnan noted that the man, even though he is blind and survives by begging, has been threatening the petitioner – the second wife – that he will marry for the third time. The court also observed that he was receiving ₹25,000 from various sources.
“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.
The court also noted that it could not digest the contention of the wife that her blind husband regularly assaulted her.
The court said the man has taken advantages of the laws within the Muslim community but has no capacity to maintain his wives.
“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 observed.
The court further said that successive marriages of the man, when he was only a beggar, cannot be accepted even under Muslim customary law.
“These types of marriages happen in the Muslim community because of the lack of education, lack of knowledge of the customary law of Muslims. A court of law cannot simply recognise the first, second or third marriage of a Muslim man when he has no capacity to maintain his wives and one of the wives approached the court with a petition claiming maintenance,” it noted.
Citing Quranic verses, the court noted that the holy text advocates monogamy, allowing polygamy only as an exception.
“If a Muslim man can give justice to his first wife, second wife, third wife and fourth wife, then only marriage more than once is permissible,” the court said.
Taking up the respondent’s situation, the court said begging cannot be recognised as a livelihood and that it is the duty of the state, society, and judiciary to ensure that no one resorts to it. It stressed that the state must provide food and clothing to such persons.
The court also referred to Sree Narayana Guru’s Daivadasakam, a collection of ten verses on God.
“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 judge said.
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.
The court also upheld the stance of the Family Court that had dismissed her plea, saying a person who survives by begging cannot be directed to pay maintenance.
