Kerala HC turns to Sharia in a case about a blind beggar threatening his wife with polygamy, cites Quran in judgement: Full details
The Kerala High Court on Monday (15th September) cited Muslim customary Law and Quranic principles to assert that Muslim men cannot take multiple wives if he cannot treat them equally. Ironically, the court even asked the state to protect women who are victims of polygamy. Justice PV Kunhikrishnan made the observation while hearing a plea by a 39-year-old Perinthalmanna woman seeking ₹10,000 monthly maintenance from her husband, who lives by begging. Earlier, the petitioner had moved the Family Court, which dismissed her plea on the ground that her 46-year-old husband from Kumbadi, Palakkad, who survives by begging, could not be ordered to pay maintenance. The court, in a satirical vein, even invoked a Malayalam adage meaning “Don’t put your hand into a begging bowl.” The High Court took note of the wife’s submission that the husband threatened to pronounce Talaq on her and marry for a third time. Justice Kunhikrishnan, however, noted that the husband was no saint. “Even though he is blind and a beggar, as the petitioner, his second wife, claims, he has been threatening her with a third marriage,” the court remarked. The Court also urged the state to provide counselling to the blind Muslim man to convince him not to perform a third marriage. “Appropriate counselling should be given to the respondent to avoid another marriage by him, resulting in another woman being left as a destitute wife. The Department concerned of the government should provide counselling to the respondent, assisted by competent counsellors, including religious leaders,” the High Court noted. “This is his second marriage, while his first wife is alive…In addition to that, the affidavit of the petitioner is that the respondent is going to marry again after pronouncing Talaq to the petitioner. He is blind and admittedly a beggar. Admittedly, the respondent belongs to the Muslim Community, and he is taking the benefit of his customary law, which, according to him, allows him to marry twice or thrice,” the High Court observed. Monogamy is the rule and polygamy is the exception: HC The judge remarked that polygamy among the Muslim community is practised in ignorance of the Muslim customary law. Explaining the Muslim law and Quranic principles, the judge said that a Muslim man, who has no capacity to maintain a second or a third wife, is not permitted to marry again. “These types of marriages happen in the Muslim community because of the lack of education, lack of knowledge of the customary law of Muslims, etc. A court of law cannot simply recognise the first, second or third marriage of a Muslim man when he has no capacity to maintain his wives, “the High Court said. “There is a misconception that a Muslim man can marry more than one woman in all situations if he wishes to do so…If a Muslim man can give justice to his first wife, second wife, third wife and fourth wife, then only marriage more than once is permissible,” the court added. State government to provide food and clothing to the man and his wives: HC Empathising with the blind man, the High Court said that the State should ensure that no citizen begs for a livelihood and provide food and clothing to such persons. However, the court acknowledged that it is not possible for the government to be aware of all the persons begging. ” It is the duty of the elected government in a democratic country to ensure that its citizens do not beg. The government may not always be aware of individual cases of begging, and therefore, this court cannot blame the government,” the court stated. The High Court said that the government should ensure that the Muslim man and his wives are provided food and clothing and directed that a copy of the judgment be forwarded to the Secretary, Social Welfare Department, State of Kerala.
The Kerala High Court on Monday (15th September) cited Muslim customary Law and Quranic principles to assert that Muslim men cannot take multiple wives if he cannot treat them equally. Ironically, the court even asked the state to protect women who are victims of polygamy.
Justice PV Kunhikrishnan made the observation while hearing a plea by a 39-year-old Perinthalmanna woman seeking ₹10,000 monthly maintenance from her husband, who lives by begging.
Earlier, the petitioner had moved the Family Court, which dismissed her plea on the ground that her 46-year-old husband from Kumbadi, Palakkad, who survives by begging, could not be ordered to pay maintenance.
The court, in a satirical vein, even invoked a Malayalam adage meaning “Don’t put your hand into a begging bowl.”
The High Court took note of the wife’s submission that the husband threatened to pronounce Talaq on her and marry for a third time.
Justice Kunhikrishnan, however, noted that the husband was no saint. “Even though he is blind and a beggar, as the petitioner, his second wife, claims, he has been threatening her with a third marriage,” the court remarked.
The Court also urged the state to provide counselling to the blind Muslim man to convince him not to perform a third marriage.
“Appropriate counselling should be given to the respondent to avoid another marriage by him, resulting in another woman being left as a destitute wife. The Department concerned of the government should provide counselling to the respondent, assisted by competent counsellors, including religious leaders,” the High Court noted.
“This is his second marriage, while his first wife is alive…In addition to that, the affidavit of the petitioner is that the respondent is going to marry again after pronouncing Talaq to the petitioner. He is blind and admittedly a beggar. Admittedly, the respondent belongs to the Muslim Community, and he is taking the benefit of his customary law, which, according to him, allows him to marry twice or thrice,” the High Court observed.
Monogamy is the rule and polygamy is the exception: HC
The judge remarked that polygamy among the Muslim community is practised in ignorance of the Muslim customary law. Explaining the Muslim law and Quranic principles, the judge said that a Muslim man, who has no capacity to maintain a second or a third wife, is not permitted to marry again.
“These types of marriages happen in the Muslim community because of the lack of education, lack of knowledge of the customary law of Muslims, etc. A court of law cannot simply recognise the first, second or third marriage of a Muslim man when he has no capacity to maintain his wives, “the High Court said.
“There is a misconception that a Muslim man can marry more than one woman in all situations if he wishes to do so…If a Muslim man can give justice to his first wife, second wife, third wife and fourth wife, then only marriage more than once is permissible,” the court added.
State government to provide food and clothing to the man and his wives: HC
Empathising with the blind man, the High Court said that the State should ensure that no citizen begs for a livelihood and provide food and clothing to such persons. However, the court acknowledged that it is not possible for the government to be aware of all the persons begging. ” It is the duty of the elected government in a democratic country to ensure that its citizens do not beg. The government may not always be aware of individual cases of begging, and therefore, this court cannot blame the government,” the court stated.
The High Court said that the government should ensure that the Muslim man and his wives are provided food and clothing and directed that a copy of the judgment be forwarded to the Secretary, Social Welfare Department, State of Kerala.
