The Kerala High Court has ruled that multiple marriages by Muslim men without financial capacity to support their wives cannot be legally recognised, while dismissing a maintenance petition from a woman whose husband depends on begging for survival.

Kerala High Court imposes law against polygamy

Justice P.V. Kunhikrishnan delivered the judgment after a 39-year-old woman from Perinthalmanna sought Rs 10,000 monthly maintenance from her 46-year-old husband from Kumbadi, Palakkad. The Family Court had previously rejected her plea, citing the husband’s inability to pay due to his dependence on begging.

The case involved complex circumstances. The petitioner, identified as the man’s second wife, alleged that despite being blind and surviving through begging, her husband threatened to marry a third woman. Court records showed the respondent earns approximately Rs 25,000 from various sources, including begging, while living with his first wife.

Court states Muslim Law as well

Justice Kunhikrishnan emphasized financial responsibility as a prerequisite for multiple marriages. “A person who has no capacity to maintain a second or third wife cannot marry again, even as per the customary law of Muslims,” the court observed.

The judge criticized uninformed polygamous practices, stating: “These types of marriages happen in the Muslim community because of the lack of education, lack of knowledge of the customary law of Muslims. A court of law cannot simply recognise the first, second or third marriage of a Muslim man when he has no capacity to maintain his wives and one of the wives approached the court with a petition claiming maintenance.”

Here’s what Quran says over Polygamy:

Referencing Islamic scripture, the court noted that the Quran promotes monogamy with polygamy as an exception. “If a Muslim man can give justice to his first wife, second wife, third wife and fourth wife, then only marriage more than once is permissible,” it stated.

The court directed social welfare intervention, ordering: “The department should provide counselling to the respondent, assisted by the competent counsellors, including religious leaders.”

While rejecting the maintenance petition, Justice Kunhikrishnan mandated state support: “I am of the considered opinion that this court cannot direct a beggar to pay maintenance to his wife. However, the government should ensure that the petitioners’ wives are also provided with food and clothing.”

The Supreme Court on Friday pressed the Union government to conclude Vodafone Idea’s petition against an additional ₹9,450 crore demand in Adjusted Gross Revenue dues, while the Centre requested more time to address the matter given its stake in the struggling telecom operator.

“There has to be some finality to these proceedings,” observed a bench led by Chief Justice of India Bhushan R Gavai, as solicitor general Tushar Mehta appeared for the government. The bench, which also included justices K Vinod Chandran and NV Anjaria, was hearing the writ petition filed by Vodafone Idea earlier this month. The company has maintained that the Department of Telecommunications’ revised demand goes beyond the limits set by the court’s earlier judgment on AGR liabilities.

During the arguments, Mehta did not oppose the petition directly but asked for time, noting, “I must also inform this court that the government of India has 49% equity in the company and is therefore, also a stakeholder in the issue.” Senior advocate Mukul Rohatgi, representing Vodafone Idea, agreed to the adjournment, clarifying that the company’s plea pertains to fresh demands and does not overlap with earlier AGR liabilities. The matter will now be heard again next week.

Vodafone Idea has sought the quashing of DoT’s revised notices, which include ₹2,774 crore for FY18–19. According to the company, these figures are riddled with duplication and errors that require reconciliation. The department has also raised dues for FY17 and revised licence fees for FY19, leading the telco to call for a comprehensive recalculation of amounts going back before FY17.

The fresh claim of ₹9,450 crore is broken into three parts—₹2,774 crore tied to Vodafone Idea’s merged accounts for FY18–19, ₹5,675 crore linked to pre-merger Vodafone Group liabilities, and the remainder flagged through reconciliations carried out by DoT. Previously, the department had sought ₹5,960 crore from the company, and the additional sums have increased pressure on the heavily indebted telecom operator.

The company has argued that these assessments exceed the scope of the Supreme Court’s 2019 ruling on AGR dues, which had already settled the extent of liabilities. Vodafone Idea insists the numbers are inflated and in some cases counted twice. DoT, in response, has argued that the current demands are not a “reassessment” but adjustments to account for gaps found during the reconciliation of accounts, claiming they were not covered under the 2019 verdict and therefore remain payable.