Overview

• Justice P. V. Kunhikrishnan dismissed the wife's revision and upheld the Malappuram Family Court's rejection of a ₹10,000 monthly maintenance claim in RPFC 221/2021.
• The court held that Section 125 CrPC presumes an ability to pay and stated that no court can direct a person who survives by begging to provide maintenance.
• Applying Muslim personal law, the judgment said the Quran makes monogamy the norm and allows polygamy only if a husband can treat and maintain multiple wives equally.
• The case involved a 46-year-old blind man from Palakkad who lives on alms; the court recorded threats of talaq and a third marriage but did not accept allegations of regular physical assault.
• A copy of the order was sent to Kerala's Social Welfare Department to arrange counselling with qualified counsellors, including religious leaders, and the court underscored the State's duty to provide basic support to such families.