KOCHI: The Kerala High Court has observed that a person without the means to maintain a second or third wife cannot marry again, even under Muslim customary law. It was hearing a petition of a woman seeking maintenance from her mendicant husband, who is totally blind. The wife maintained that she was his second wife and that he plans to marry again after pronouncing talaq to her.
There is a misconception a Muslim man can marry more than one woman in all situations if he wishes, observed Justice P V Kunhikrishnan. The court noted that the 46-year-old man from Kuttipuram married the 39-year-old woman when his first wife was alive and their marital relationship was in existence. “I am of the considered opinion that his successive marriage, when he was only a beggar, cannot be accepted at all, even as per the customary law of Muslims.
These types of marriages happen in Muslim community because of lack of education, lack of knowledge of the customary law of Muslims, etc. A court of law cannot simply recognise the first, second or third marriage of a Muslim man when he has no capacity to maintain his wives, and one of the wives approached the court with a petition claiming maintenance,” the court said, adding that proper counselling is necessary for such persons.
Arguing that her husband makes a living from begging, the woman sought a share of his income. But the Malappuram Family Court rejected the plea and held that no court can direct a beggar to pay maintenance to his wife when the wife admits her husband is a beggar.
The woman then approached the HC, which upheld the order. However, the government should ensure the petitioner is provided with food and clothing, it said.
It said the Quran promotes monogamy, and polygamy is only the exception. “The Holy Quran greatly stresses ‘justice’. 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 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 community who are following polygamy, forgetting the verses of the Holy Quran, are to be educated by religious leaders and society,” it said.
The HC observed that begging is not recognised in Kerala. “It is the duty of the state, society and the court to ensure that no one goes begging for 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 through appropriate measures,” it ruled. The court directed the registry to forward the order to the secretary of social welfare department for further action.