Kochi: The Kerala High Court has ruled that a court cannot compel a beggar to pay maintenance to his wife, while directing the state to step in to ensure that destitute spouses receive food and clothing.
The judgment came in a unique case where a woman approached the court seeking maintenance from her blind husband, who survives by begging.
Justice P.V. Kunhikrishnan observed that it would be inappropriate to force someone who relies on alms to support others, citing a Malayalam proverb, "one should not dip into another person’s begging bowl".
The case involved a man who had married twice under Muslim Personal Law and was asked by his second wife for Rs 10,000 per month in maintenance.
The Family Court in Malappuram had earlier rejected her plea, noting that a beggar could not be directed to provide maintenance, prompting the appeal to the High Court.
Justice Kunhikrishnan upheld the Family Court's decision but emphasised that the State must ensure that both wives are provided with the necessities.
He added that successive marriages without the means to support existing wives are a concern and highlighted that proper counselling is necessary for individuals in such situations.
The Court also addressed allegations that the blind husband had physically assaulted his wife, noting it was difficult to accept such claims but acknowledging the possibility of mental or other forms of cruelty.
It noted that the husband had threatened to pronounce Talaq on his second wife and marry again, underscoring the risks posed by uneducated men engaging in polygamy without sufficient means.
Referring to Muslim Personal Law and Quranic principles, Justice Kunhikrishnan clarified that polygamy is allowed only for men who can maintain multiple wives fairly, and that monogamy is intended as the norm.
The High Court directed that a copy of the judgment be sent to the Kerala Social Welfare Department for counselling of the husband by qualified professionals, including religious leaders, to prevent him from entering another marriage.
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