“Polygamy Out Of Bounds For Muslim Men Lacking Means”: Kerala HC

Kerala High Court

The Kerala High Court has held that successive marriages by a Muslim man cannot be justified when he lacks the means to maintain his wives.

The court stressed that polygamy is not an unrestricted right under Muslim personal law and cannot be used to exploit women, especially when they are left destitute.

Case Background

The ruling came from Justice P V Kunhikrishnan while hearing a petition filed by a 39-year-old woman from Perinthalmanna. She sought a monthly maintenance of ₹10,000 from her 46-year-old husband, a native of Kumbadi in Palakkad, who, according to her, survives primarily through begging.

Earlier, the Family Court had dismissed her plea, stating that a man without income cannot be compelled to pay maintenance.

Court’s Observations

In a sharp remark, the High Court echoed a Malayalam saying meaning, “Don’t put your hand into a begging bowl,” while pointing out the husband’s inability to provide support.

The judge noted that the man, though blind and dependent on begging, was not “a saint.” Despite his condition, he had threatened his second wife—the petitioner—that he intended to marry a third time.

On examining the records, the court found the respondent allegedly earned around ₹25,000 a month from various sources, including begging. At the same time, it expressed doubt over the wife’s claim that her blind husband regularly assaulted her.

Limits Of Muslim Personal Law

Addressing the broader issue, Justice Kunhikrishnan said, “Admittedly, the respondent belongs to the Muslim community, and he is taking the benefits of his customary law, which, according to him, allows him to marry twice or thrice. A person who has no capacity to maintain a second or 3rd wife can’t marry again, even as per the customary law of Muslims.”

The court further emphasised that polygamy, even under Muslim law, is only an exception, not the rule. Referring to verses of the Quran, the judge observed that the holy text propagates monogamy and permits multiple marriages only if the man can ensure justice to all his wives.

It added that while most Muslims follow monogamy in line with the spirit of the Quran, a minority misinterpret the law, often due to lack of education. The court urged religious leaders and society to educate people against such practices.

State’s Duty & Social Welfare

The bench declared that begging cannot be accepted as a livelihood. It placed responsibility on the state, society, and judiciary to prevent citizens from being forced into such conditions. Quoting Sree Narayana Guru’s Daivadasakam, the court said the government must step in to protect destitute women who are victims of polygamy.

Accordingly, the court directed that its order be forwarded to the Social Welfare Department. It instructed the department to provide counselling to the respondent with the assistance of qualified counsellors and religious leaders.

On the question of maintenance, the High Court upheld the Family Court’s view. “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 petitioners’ wives are also provided with food and clothing,” Justice Kunhikrishnan ordered.