Quran’s spirit monogamy, blind beggar can’t be asked for maintenance, shouldn’t marry thrice also: HC

Kochi: In a case that began as a simple petition by a Muslim woman for maintenance from her husband, the Kerala High Court has issued a ruling that combined legal judgment with strong social observations. While upholding a Family Court’s decision to deny the woman maintenance from her blind, begging husband, the court delivered stern remarks on polygamy and called upon the State to protect destitute people.

The petitioner, Jubairiya (39), of Ponnyamkurssi, Malappuram district, sought ₹10,000 as maintenance from her husband, Saidalavi N (46) of Kumbudi, Palakkad district. She argued that, though blind, her husband earned nearly ₹25000 monthly through begging and small services. The Family Court at Malappuram dismissed her claim, stating that “a beggar cannot be directed to pay maintenance.” Justice P V Kunhikrishnan upheld that ruling, noting: “Admittedly, the petitioner married the respondent knowing fully well that he is blind, he has no income, and one of his sources of income is begging.”

At the same time, the court examined the husband’s marital history. It observed that Saidalavi had married a second time while his first wife was still alive, and that he was threatening to marry a third. The court said, “a person who has no capacity to maintain a second or third wife cannot marry again, even as per the customary law of Muslims… His successive marriage, when he was only a beggar, cannot be accepted at all.”

Quoting directly from the Quran, the court underlined that polygamy is an exception, not the rule. Referring to Chapter 4, verse 3 of Quran the court noted “the spirit and intention of these verses is monogamy, and polygamy is only 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.”

The court also said that the majority of the people in the muslim community are followers of monogamy, even if they have the wealth to maintain more than one wife. “That is the true spirit of the Holy Quran also. The small minority among the muslim community who are following polygamy, forgetting the verses of the Holy Quran, are to be educated by the religious leaders and society,” the order said. 

The court also turned to the state’s role, stressing “begging is not recognised in our state. It is the duty of the state, society, and the court to ensure that no one goes begging for a livelihood, and the state has the duty, at least, to provide food and clothing to such a person. The destitute wife of such a person should also be protected by the state.”

Quoting Sree Narayana Guru’s ‘Daivadasakam’, Justice Kunhikrishnan reminded the government of its responsibility: “Food, clothes and all else we need, You give us unceasingly.”

The court directed that a copy of the order be sent to the Secretary, Social Welfare Department, Government of Kerala, for action. It also recommended counselling for Saidalavi, assisted by religious leaders, to prevent a third marriage that could create “another woman being left as a destitute wife.”

Confirming the Family Court’s order, the High Court order concluded by stating, “the court cannot direct a beggar to pay maintenance to his wife. However, the government should ensure that the petitioner and the respondent’s wives are also provided with food and clothing.”