The Kerala High Court also held: “A Beggar Cannot Be Directed to Pay Maintenance”, a decision that Raises Larger Social Questions
Ernakulam, September 15, 2025 – The Kerala High Court recently delivered a striking judgment in RPFC No. 221 of 2021, a case that touches not only on family law but also on poverty, polygamy, and the duty of the State towards its most vulnerable citizens.
The Case
The petitioner, Jubairiya, had approached the Family Court in Malappuram under Section 125 of the Code of Criminal Procedure, seeking ₹10,000 as monthly maintenance from her husband, Saidalavi, a 46-year-old blind man. According to her, he earned around ₹25,000 a month through begging in front of a mosque and by helping people pay utility bills.
The Family Court rejected her plea, reasoning that a beggar cannot be ordered to provide maintenance. Aggrieved, she challenged the order in the High Court.
The High Court’s Findings
Justice P.V. Kunhikrishnan, while upholding the Family Court’s order, made several thought-provoking observations:
On Maintenance: The Court confirmed that no court can compel a beggar to pay maintenance, especially when the wife herself admits that her husband survives on begging.
On Marriage and Polygamy: The Court noted that this was the respondent’s second marriage, while his first wife was still alive, and that he even threatened to take a third wife. Justice Kunhikrishnan pointed out that under Islamic law, polygamy is an exception, not the rule, and is permissible only when a man can ensure justice and financial stability for all wives.
On State Responsibility: The Court stressed that begging should not exist in a welfare-oriented democracy. It directed that the matter be referred to the Kerala Social Welfare Department to provide counselling to the respondent and ensure food and clothing for his wives.
On Social Duty: Quoting verses from the Quran and a prayer of social reformer Sree Narayana Guru, the Court reminded society and the government of their duty to protect destitute women and ensure that no citizen is forced into begging.
A Wider Message
This judgment goes beyond the dispute between a husband and wife. It highlights:
The legal limit of maintenance claims – Courts cannot order payment from someone who has no means of livelihood.
The problem of misuse of religious practices – Polygamy without responsibility and justice is contrary to the true spirit of the Quran.
The duty of the State and society – When poverty and ignorance lead to exploitation, the government must step in with welfare measures and education.
The Way Forward
The Court’s decision is a reminder that justice is not only about resolving disputes but also about addressing the root causes of social distress. By directing the Social Welfare Department to intervene, the judgment bridges the gap between law and compassion.
In the words of Justice Kunhikrishnan, “Courts are not robots. Human beings sit in courts as judges.”
Do you want to download the pdf of the judgement in JUBAIRIYA vs SAIDALAVI N