Can't order beggar to maintain his destitute wife: Kerala High Court asks State to step in

A court cannot order a beggar to part with his alms to maintain his destitute wife, observed the Kerala High Court recently while dealing with a unique case where a woman sought maintenance from her blind husband, who survived by begging..Justice PV Kunhikrishnan, instead, ordered the State to step in and ensure that the beggar's destitute wife was provided with food and clothing. The Court noted that the beggar had married twice under Muslim personal laws, and urged the State to take measures to help both his wives. "I am of the considered opinion that this Court cannot direct a beggar to pay maintenance to his wife. However, the government should ensure that the petitioner's wives are also provided with food and clothing," the Court said. .Justice Kunhikrishnan referred to a Malayalam saying, 'പിച്ചച്ചട്ടിയിൽ കയ്യിട്ടുവാരരുത്', meaning one should not put their hands into the begging bowls of others. He cited this phrase to explain that it would not be right to compel a man who survived on alms to provide for others.It proceeded to uphold a family court's refusal to order the beggar to pay maintenance to his estranged second wife, albeit with a request that the State step in to help the wife instead. "As mentioned by the Family Court, no court can direct a beggar to pay maintenance to his wife when the wife admits that her husband is a beggar ... It is the duty of the state to protect the destitute wives who are the victims of polygamy in the Muslim community. It is the duty of the elected government in a democratic country to ensure that its citizens do not beg," the Court said..The case arose after a woman approached a family court in Malappuram, seeking ₹10,000 per month as maintenance from her husband, who earned around ₹25,000 by begging for alms outside a mosque and by assisting neighbours with bill payments.The family court rejected her plea, observing that a beggar cannot be directed to provide maintenance, prompting her to approach the High Court for relief. .While hearing this appeal, the High Court took note of allegations that the beggar husband had physically assaulted his wife. However, the Court held that it was difficult to believe such an allegation."How a blind man can assault a wife who is not blind is thought-provoking. The cruelty may be in different ways, like mental, physical, etc.," it said. It further took critical note that the woman before the Court was the second wife of the man and that he had allegedly threatened to pronounce Talaq on her (divorce her) and enter into a third marriage."(The woman's husband) is also not a saint. Even though he is blind and a beggar ... (he) has been threatening (his second wife) that he will soon enter into a third marriage with another lady. I do not want to make any further observations," it said. The Court expressed concern over such successive marriages, especially when the husband lacked the means to maintain even one wife."These types of marriages happen in the Muslim community because of the 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 under Section 125 Cr.P.C. claiming maintenance. Proper counselling is necessary for these types of persons," it said..Justice Kunhikrishnan emphasised that Muslim personal law allows polygamy only for men who can fairly and equally maintain all their wives.The Court also cited verses from the Quran to highlight that if its verses are interpreted in their true spirit, it intended to establish monogamy as the norm and polygamy only as an exception."There is a misconception that a Muslim man can marry more than one woman in all situations if he wishes to do so ... The spirit and intention of (Quranic) verses is monogamy, and polygamy is only an exception," it said. .Muslim law permits polygamy only for men who can maintain their wives equally: Kerala High Court .The Court proceeded to order that a copy of its ruling be sent to the Social Welfare Department of Kerala to ensure that the beggar/ husband is counselled by qualified professionals, including religious leaders, to prevent him from entering another marriage. .The woman (wife) was represented by advocate EC Ahamed Fazil, while her estranged husband was represented by advocates K Rajesh Kannan, Seetha P, and Ajith CR..[Read Order]