The Kerala High Court has said that he cannot accept many marriages of a Muslim person unable to maintain its wives. Justice PV Kunkrishnan made the comment when a 39-year-old woman, a resident of Perntimanna, begged and visited the court demanding a monthly maintenance of Rs 10,000 from her husband.

Earlier, the petitioner had knocked on the door of a Kutumb court, which dismissed his petition saying that his 46 -year -old husband, resident of Kumbadi, who was begged, could not be instructed to pay alimony to his 46 -year -old husband.

Threatened to get a third marriage from husband

The court said, “According to the petitioner and the second wife of the person in the case, her husband is blind and beggar, yet he is threatening that he will soon get a third marriage to a woman.” The court looked at the petition and found that the defendant was earning an income of Rs 25,000 from various sources, including begging, while the petitioner has sought alimony of Rs 10,000 per month. The defendant currently lives with his first wife.

The court also said that she could not accept the wife’s argument that her blind husband used to beat her regularly. The court said, “It is true that the defendant is from the Muslim community and is taking advantage of his traditional law, according to which he has been allowed to get married two or three times.”

Second marriage is not recognized when unable to maintain maintenance

The court said that a person who is not able to maintain the second or third wife, cannot even marry Muslims according to the traditional law of Muslims. The persistent marriages of that person cannot be accepted even under Muslim customary law when they are only a beggar.

The court said, ‘Such marriages in the Muslim community are due to lack of education and lack of traditional laws of Muslims. No court can recognize the first, second or third marriage of a Muslim person unable to maintain wives.

Polys of polygamy only exception in holy book

Citing the verses of the Quran, the court said that a marriage practice has been promoted in this sacred book and polygamy has been considered only an exception. The court said, “If a Muslim man can do justice to his first wife, second wife, third wife and fourth wife, then it is permissible to marry more than once.”

According to the court, most Muslims follow a marriage practice, which reflects the true spirit of the Quran, while only a small minority polygles and forgets the verses of the Quran. The court said that religious leaders and society should educate them.

Protecting destitute wives

The court said, ‘If a blind person is begging in front of the mosque and the Muslim is having a marriage one after the other without knowing the basic principles of law, then he should be given proper advice. It is the duty of the state to protect destitute wives victims of polygamy in the Muslim community.

The court directed that a copy of his order should be given to the Secretary of Social Welfare Department for appropriate action. The court ordered, ‘I believe this court cannot instruct a beggar to give maintenance allowance to his wife.’

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