Kochi, Sep 20 (IANS) — The Kerala High Court has ruled that a person surviving on alms cannot be compelled to pay maintenance to a spouse, while stressing that the State has a duty to step in and provide essentials like food and clothing to abandoned or destitute partners.
The verdict arose from a case where a woman sought monthly maintenance from her blind husband, who lives by begging. Justice P.V. Kunhikrishnan, upholding a Family Court order that had denied the claim, remarked that it was unfair to expect support from someone who depends on charity for survival. Quoting a Malayalam proverb, the judge observed: “One should not dip into another’s begging bowl.”
The dispute involved a man who, after marrying twice under Muslim Personal Law, faced a demand from his second wife for ₹10,000 in monthly support. While rejecting the plea, the court stressed that the State must ensure that both women are provided with basic necessities.
Justice Kunhikrishnan also cautioned against successive marriages by men without adequate means, noting that such situations often lead to hardship for women. He underlined the need for counselling in such cases.
On allegations that the husband assaulted his wife, the court said it was hard to accept the charge against a blind man but acknowledged that cruelty could take forms other than physical violence. The husband’s alleged threat to divorce his second wife and remarry was also recorded as a serious concern.
Citing Quranic principles, the court clarified that polygamy under Muslim law is conditional — permissible only if a man can support multiple wives equally — and that monogamy is the rule.
Directing that a copy of the judgment be sent to the Kerala Social Welfare Department, the court asked that the husband receive counselling from qualified professionals and religious leaders to dissuade him from entering into further marriages without the means to provide support.
