Polygamy, the Kerala High Court has reminded, is not a blanket license for Muslim men but an exception strictly bounded by fairness and responsibility.
Justice PV Kunhikrishnan underscored that the Quran’s intent is rooted in justice and equality, not unchecked privilege. “If a man cannot do justice to even one wife, the idea of marrying again is against the very spirit of the Holy Quran,” the Court noted, citing verses from Chapter 4.
The judgment dismantled the widespread misconception that Muslim law gives every man the right to multiple marriages. Instead, it stressed that polygamy is permitted only when a man has the ability—emotional, financial, and moral—to maintain all his wives equally.
The Court observed that monogamy is the norm in the Muslim community, with only a small minority practicing polygamy. Those who ignore the essence of the faith, it said, must be educated by religious leaders and guided by society.
Importantly, the Court highlighted the role of the State, declaring that authorities must step in to counsel men who pursue polygamy without the means to support even a single spouse. Protecting women left destitute by such practices, the Court said, is the State’s undeniable duty.
The observations came while hearing the plea of a Muslim woman abandoned by her blind husband—already married once before—who survives by begging outside a mosque. She sought maintenance, but the family court rejected her request, ruling that a man without means cannot be compelled to provide financial support. The High Court upheld that order but insisted that the husband must be prevented from entering into further marriages.
“It is not enough for the court to just recognize these marriages on paper,” the bench said. “Counselling is essential when men misunderstand the law and trap women in misery.”
The Court also directed the State to ensure that the man’s wives are provided with basic necessities like food and clothing, and if possible, that efforts are made to reunite him with the petitioner.
In its closing note, the judgment reaffirmed that while the law acknowledges polygamy under Muslim personal law, it does so only under the weight of responsibility—not as a free pass for indulgence.