Kochi: The Kerala High Court has ruled that Muslim personal law allows multiple marriages only when the husband is capable of treating all wives with fairness and providing for them. Justice P V Kunhikrishnan delivered the order while addressing a case involving a blind man from Palakkad, who earns his living by begging and sought to enter into a third marriage.
The case came before the court after the man’s second wife from Malappuram appealed against the dismissal of her maintenance claim. She alleged that her husband earns nearly Rs 25,000 a month by begging outside mosques on Fridays and threatened her with talaq while planning to remarry. The family court had earlier rejected her claim, stating that a beggar could not be forced to pay maintenance.
The High Court upheld the family court’s finding on maintenance but took a firm view on the proposed third marriage. It noted that Muslim personal law, as guided by the Quran, permits polygamy only if a husband ensures justice among his wives. A man without the means to provide for multiple spouses, the court said, is not entitled to remarry.
The court directed the social welfare department to provide counselling to the man through qualified counsellors and religious leaders. It observed that such cases arise from a lack of awareness of Islamic principles and stressed that most Muslims in Kerala practice monogamy. The bench added that the government has a duty to protect vulnerable individuals and to act when repeated marriages take place under such conditions.
