Muslim man can’t keep multiple wives if he cannot financially support them: Kerala HC

The Kerala High Court has ruled that a Muslim man cannot justify multiple marriages if he lacks the financial means to support the wives. 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 said that the man is blind and survives by begging, but he has been threatening the petitioner, the second wife, that he will marry for the third time. The court also observed that he was getting ₹25,000 from various sources.

The 39-year-old woman from Perinthalmanna had sought a monthly maintenance of ₹10,000 from her 46-year-old husband, a blind man surviving primarily on alms.

Earlier, a family court had dismissed her plea, stating that since her husband earns his livelihood by begging, he could not be directed to pay maintenance.

‘Don’t put your hand into a begging bowl’

In his order, Justice Kunhikrishnan mentioned a satirical Malayalam phrase—“Don’t put your hand into a begging bowl”—to stress the futility of expecting sustenance from someone dependent on alms. The judge noted that the husband, a beggar, was “not a saint” either. Despite his blindness, he was allegedly threatening his second wife that he intended to contract a third marriage.

The court recorded that the respondent had a notional income of about ₹25,000 from various sources, including begging, while continuing to live with his first wife. The court also expressed disbelief at the wife’s claim that her blind husband regularly assaulted her.

‘Muslim personal law itself did not justify such behaviour’

The court stressed that Muslim personal law itself did not justify such behaviour. “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 judge noted.

Citing verses from the Quran, the court said the holy text propagates 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,” it said, adding that most Muslims follow monogamy in keeping with the spirit of the Quran.

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The court further remarked that multiple marriages among the poor often result from lack of education and awareness.

The court added that religious leaders and society must take responsibility to educate communities on the true principles of customary law.

“It is the duty of the state to protect the destitute wives who are victims of polygamy in the Muslim community,” the court said.