What Kerala High Court Rule Out on Polygamy Among Muslims?

The Kerala High Court recently stated that Muslim law allows polygamy only for men who can equally and fairly maintain all their wives. The Court ruled out the permission of polygamy for all Muslims as a misconception. The Court made these observations in a petition filed by a Muslim woman seeking maintenance from her husband.

The observation was passed based on verses from the Quran (chapter 4, verse 3 and verse 129), where the judge stated that those who can not appropriately provide for even one wife are not permitted to marry again.

The Court also said that most members of the Muslim community practice monogamy, and those who continue to practice polygamy ought to be educated by religious leaders.

Polygamy occurs in the Muslim community due to a lack of education and a lack of knowledge of Muslim customary laws, the Court added.

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The Court also opined that the responsibility of the State is to counsel Muslim men, who cannot maintain multiple wives, to refrain from engaging in polygamy. The Court added that the State should also protect the women who are victims of polygamy.

In the given case Court has denied the relief to the woman as her husband is a blind and begs infront of the mosque for a living and cannot be forced to pay maintenance to his wife..

The petitioner claimed that her husband is threatening to divorse her and being abusive towards her.

The Court said that man must be counselled to not to marry any furhter as he has no resources to maintain even a single wife.

Emphasising that the State has a duty to ensure that its citizens are not forced to beg for a living, the Court directed the State government to counsel the husband and if possible, reunite him with the petitioner.

The Court added that the government should also ensure that the man’s wives are provided with food and clothing.