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Kerala High Court Upholds Denial of Maintenance, Says Polygamy Requires Capacity to Support Wives

The court coupled its decision with orders for counselling by the Social Welfare Department.

Overview

  • The bench held that a person who subsists on begging cannot be directed to pay maintenance under Section 125 of the CrPC.
  • In Jubairiya v Saidalavi, the petitioner sought ₹10,000 per month from her 46-year-old blind husband, whom she said survives on alms.
  • The revision petition was dismissed, affirming the Malappuram Family Court’s refusal to grant maintenance.
  • Justice P.V. Kunhikrishnan cited Quranic verses to state that Islam treats monogamy as the norm and allows polygamy only as a conditional exception requiring justice between wives.
  • The State was told to protect destitute spouses and to provide basic support such as food and clothing, with counsellors including religious leaders to dissuade further marriages.