HC: counselling needed for those who can’t maintain second wife

The Kerala High Court has observed that a person who has no capacity to maintain a second wife cannot marry yet again and said such persons need proper counselling.

This holds good even as per the customary law of those from the Muslim community, it said, while considering a plea by a 39-year-old woman who sought maintenance from her 46-year-old husband who is blind, is into begging, and is from the same community.

Taking note of the fact that the man married the woman even when his first marriage was in existence, the court said that his successive marriage, even when begging was his source of income, could not be accepted. A court cannot recognise the first, second and even third marriage of a Muslim man, when he has no capacity to maintain his wives and one of his wives approached the court claiming maintenance.

The Family Court, Malappuram, had dismissed her plea and said that no court could direct a person into begging to pay maintenance, especially when his wife admits that he was into begging. The court upheld the Family Court order and said that it was the duty of the court to see that such people who were into begging and were marrying one after the other, were given counselling. Steps must also be taken to protect the destitute wives, it said.