Muslim Man Can't Have Multiple Wives If He Can't Maintain Them: Kerala High Court

Justice PV Kunhikrishnan of the Kerala High Court has delivered a significant observation regarding polygamy in Muslim communities, stating that multiple marriages cannot be accepted when a man lacks the financial capacity to support his wives.

The ruling came during a case involving a 39-year-old woman from Perinthalmanna who sought monthly maintenance of Rs 10,000 from her husband—a 46-year-old blind man from Kumbadi, Palakkad, who reportedly survives by begging.

Previously, a Family Court had dismissed her plea, determining that a man surviving on alms could not reasonably be ordered to provide financial support. The High Court referenced a Malayalam saying equivalent to "Don't put your hand into a begging bowl" when discussing the case.

Justice Kunhikrishnan observed that despite the respondent's disability and economic situation, he allegedly threatened to marry a third time. Court documents indicated the man reportedly earns approximately Rs 25,000 from various sources including begging, and currently resides with his first wife.

The court expressed skepticism regarding the petitioner's claim that her blind husband regularly physically assaulted her.

In his ruling, Justice Kunhikrishnan emphasized that judges must consider real-world circumstances. He noted that while the respondent follows Muslim customary law, which permits multiple marriages, "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 added that such marriages often occur due to educational deficiencies and limited understanding of Islamic principles. Citing the Quran, Justice Kunhikrishnan pointed out that the holy text primarily advocates monogamy, with polygamy permitted only as an exception when a man can provide equal justice to all wives.

The ruling highlighted that most Muslims practice monogamy in accordance with Quranic teachings, while a minority engage in polygamy without proper adherence to its requirements. The court suggested that religious leaders should educate such individuals about these principles.

Addressing the specific case, the court determined that begging cannot be recognized as legitimate employment and emphasized that the state has a responsibility to ensure no one resorts to begging for survival.

The judge referenced Sree Narayana Guru's Daivadasakam and stated that individuals practicing polygamy without understanding fundamental Islamic principles require proper counseling. He ordered that a copy of the ruling be provided to the Secretary of the Social Welfare Department for appropriate action, including arranging counseling for the respondent with assistance from qualified counselors and religious leaders.

Regarding the maintenance petition, the court upheld the Family Court's decision, concluding it could not direct a beggar to provide financial support. However, it instructed the government to ensure both the petitioner and other wives receive necessary food and clothing assistance.