Kochi, Sep 20: In a strongly worded judgment, the Kerala High Court has ruled that a Muslim man cannot enter into multiple marriages if he lacks the financial capacity to maintain his wives.

The observation was made by Justice PV Kunhikrishnan while hearing a petition filed by a 39-year-old woman from Perinthalmanna.

The woman in her petition sought Rs 10,000 monthly maintenance from her husband — a blind beggar residing in Kumbadi, Palakkad.

The petitioner, his second wife, claimed that her husband not only failed to support her but also threatened to marry a third woman, despite surviving on begging. The Family Court had earlier dismissed her plea, stating that a beggar could not be compelled to pay maintenance.

Justice Kunhikrishnan, while reviewing the case, noted that the respondent reportedly earns Rs 25,000 from various sources, including begging, and currently lives with his first wife. The judge expressed disbelief at the claim that the blind husband regularly assaulted the petitioner and remarked that judges are not robots, emphasizing the need to consider the human context of such cases.

In a satirical tone, the court referenced a Malayalam phrase meaning “Don’t put your hand into a begging bowl”, underscoring the absurdity of the man’s intent to marry again without financial stability.

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The court cited Quranic verses, asserting that monogamy is the spirit of Islamic law, and polygamy is permitted only when a man can ensure justice and equal treatment to all wives. It further stated that lack of education and awareness often leads to misuse of Muslim personal law, and that religious leaders and society must educate those who misinterpret it.

Highlighting the broader social implications, the court stressed that begging cannot be considered a livelihood, and it is the state’s duty to provide basic necessities to such individuals. The court also invoked Sree Narayana Guru’s Daivadasakam, reinforcing the moral responsibility of society.

The High Court directed the Social Welfare Department to counsel the respondent with the help of qualified professionals and religious leaders, and reiterated that while it cannot compel a beggar to pay maintenance, the government must ensure food and clothing for the petitioner and other destitute wives affected by polygamy.

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