Kerala High Court Rules Beggar Cannot Be Forced To Pay Maintenance To Wife

Kerala High Court Rules Beggar Cannot Be Forced To Pay Maintenance To Wife

The case involved a man who had married twice under Muslim Personal Law (Representational)

Kochi:

In a significant ruling, the Kerala High Court has determined that courts cannot compel a beggar to provide financial maintenance to his spouse, instead directing the state government to ensure destitute spouses receive basic necessities such as food and clothing.

This judgment emerged from an unusual case where a woman sought maintenance payments from her visually impaired husband who earns his livelihood through begging.

Justice P.V. Kunhikrishnan stated it would be inappropriate to require someone dependent on charity to financially support others, referencing a Malayalam proverb that cautions against taking from another person's begging bowl.

The legal matter involved a man who had entered into two marriages under Muslim Personal Law, with his second wife demanding Rs 10,000 monthly as maintenance support.

Previously, the Malappuram Family Court had dismissed her petition, ruling that a person who begs could not reasonably be ordered to provide maintenance, which prompted an appeal to the High Court.

While affirming the Family Court's verdict, Justice Kunhikrishnan emphasized the State's responsibility to ensure both wives receive necessary support for their basic needs.

The judge expressed concern about individuals entering successive marriages without adequate financial means to support existing spouses, highlighting the necessity for proper counseling in such scenarios.

The Court also considered allegations that the blind husband had physically abused his wife, noting that while such claims were difficult to accept given his disability, the possibility of mental or other forms of cruelty could not be dismissed.

It was further noted that the husband had threatened to pronounce Talaq (divorce) on his second wife and pursue another marriage, underscoring the issues arising when uneducated individuals practice polygamy without sufficient financial resources.

Citing Muslim Personal Law and Quranic teachings, Justice Kunhikrishnan clarified that polygamy is permitted only for men capable of maintaining multiple wives equitably, with monogamy intended as the standard practice.

The High Court ordered that a copy of the judgment be forwarded to Kerala's Social Welfare Department, requesting qualified professionals, including religious authorities, to counsel the husband against entering into another marriage.