A beggar cannot be directed to pay maintenance to his wife under Section 125
Kerala High Court Upholds Family Court's Decision: Beggar Husband Not Liable for Maintenance. Court emphasizes state responsibility and counselling in cases of polygamy and destitution
In a landmark judgment, the Kerala High Court has affirmed the Family Court's decision, ruling that a beggar cannot be compelled to pay maintenance to his wife under Section 125 of the Code of Criminal Procedure, 1973. The case was brought by Jubairiya, who sought maintenance from her blind husband, Saidalavi N., claiming his income from begging. The High Court, presided over by Justice P.V. Kunhikrishnan, underscored the impracticality of demanding maintenance from individuals devoid of stable income, while also addressing broader societal concerns about polygamy and the plight of destitute wives.
The petitioner, Jubairiya, acknowledged her husband's blindness and reliance on begging for survival. Despite this, she argued for a share of his earnings, highlighting his plans for a third marriage, which sparked discussions on polygamy within the Muslim community. The court noted the necessity of counselling and state intervention to educate individuals on customary laws and prevent further destitution among wives.
Justice Kunhikrishnan stressed the importance of recognizing the socio-economic realities faced by destitute wives and the need for governmental support, including food, clothing, and counselling. The judgment invoked teachings from the Quran to emphasize monogamy and the importance of justice in marital relationships, urging religious leaders to educate the community on these principles.
The court directed the Secretary of the Social Welfare Department, State of Kerala, to take appropriate action, including counselling for Saidalavi to prevent another marriage and potential destitution of another woman. The ruling highlights the court's compassionate approach, striving for justice beyond the confines of traditional legal frameworks, while acknowledging the state's duty to ensure no citizen resorts to begging.
The decision serves as a poignant reminder of the challenges faced by marginalized communities and the role of the judiciary in advocating for their rights. It sets a precedent for future cases involving destitution and polygamy, urging societal and governmental responsibility to protect vulnerable individuals.
Bottom Line:
A beggar cannot be directed to pay maintenance to his wife under Section 125 CrPC, considering his inability to provide financial support due to his circumstances. Courts must also recognize the plight of destitute wives and advocate for state intervention and counselling in cases involving polygamy and destitution.
Statutory provision(s): Section 125 of the Code of Criminal Procedure, 1973
Jubairiya v. Saidalavi N, (Kerala) : Law Finder Doc id # 2781702
