Kerala HC: Beggar Cannot Be Forced to Pay Maintenance; State Must Step In
The Kerala High Court has held that no court can compel a beggar to pay maintenance to his wife, especially when it is admitted that he survives only on alms. The Court stressed that it is the responsibility of the State to protect such destitute wives and ensure they are not forced into begging.
Justice PV Kunhikrishnan was hearing a case where a woman from Malappuram sought ₹10,000 per month as maintenance from her blind husband, who lives by begging and occasionally assisting neighbours. The Court noted that while he may collect money, forcing him to part with it for maintenance would be unjust. Instead, the State was directed to provide food and clothing for the wife.
The judge cited a Malayalam proverb meaning “one should not take from another’s begging bowl,” highlighting the unfairness of such an order. The High Court also observed that the man had married twice under Muslim personal law and even threatened to take a third wife, despite being unable to support one.
The Court pointed out that under Islamic law, polygamy is permitted only if a man can treat all his wives equally and maintain them. Referring to verses from the Quran, the Court stated that the spirit of Islam is monogamy, and polygamy is only an exception. A person who cannot support multiple wives has no right to marry again.
The Court further observed that marriages like these occur due to lack of awareness and education. It directed the Kerala Social Welfare Department to counsel the man, with the help of professionals and religious leaders, so that he does not enter into another marriage irresponsibly.
In conclusion, the Court said it is the duty of a welfare state to ensure that women abandoned or neglected by such husbands are protected and provided with basic needs.
