Polygamy Permitted Only for Muslims Who Can Equally Maintain Wives: Kerala High Court

The Kerala High Court has stated that while Muslim personal law allows for more than one marriage, polygamy is permitted only for those Muslims who can maintain their wives with equal justice, in accordance with the essence of the Quran. The court also observed that society and community leaders should strive to provide proper awareness to those who engage in multiple marriages, disregarding the spirit of the Quranic injunctions.

This ruling by Justice P.V. Kunhikrishnan came in response to a petition filed by a Muslim woman from Malappuram, challenging a family court’s decision to dismiss her application for maintenance. The petitioner informed the court that her visually impaired husband sustains himself through begging and was preparing for a third marriage, even while his first marriage and his marriage to the petitioner were still subsisting.

The High Court did not interfere with the family court’s ruling that it could not direct a beggar to provide maintenance. However, it suggested that counseling should be provided to the husband who is preparing for another marriage despite being unable to support his existing wife. The court further emphasized that the government has a responsibility to protect women who become destitute as a result of such polygamous marriages.