"How Can You Marry Again If You Can't Support First Wife?" High Court Questions Muslim Men

Kochi (The Uttam Hindu): The Kerala High Court, while hearing a case, made an important observation, stating that if a Muslim man is unable to support his wife, he does not have the right to marry a second or third wife. This also applies under Muslim personal law.

A 39-year-old woman had filed a petition seeking a monthly maintenance allowance of 10,000 rupees from her 46-year-old blind husband. She alleged that her husband earns his living by begging, is living with his first wife, and is now threatening to marry a third wife. Previously, the family court had dismissed her petition, stating that a man who earns his living by begging is in no position to provide maintenance.

The High Court said, "A man who cannot maintain his first wife has no right to marry a second or third wife." "His successive marriages are also not acceptable under Muslim customary law, as he is unable to support his wives." The court also said that such marriages occur due to a lack of education and knowledge of Muslim customary law in society.

Citing a Quranic verse, the court stated that Islam considers monogamy the norm and allows polygamy only as an exception. The court clarified, "Multiple marriages are permissible only if a Muslim man can treat his wives fairly. Otherwise, they are not."