Muslim Husband Who Has Second Wife Cannot Dodge Maintenance To First Wife: Kerala HC

Introduction

The Kerala High Court has ruled that a Muslim husband who takes a second wife cannot dodge his duty to maintain his first wife. The Court rejected the husband’s plea that his financial burden towards the second wife freed him from supporting his first. The case arises from a revision petition challenging a Family Court decision. The High Court’s judgment underscores that polygamy under Muslim law does not relieve a husband of his statutory obligations under Section 125 Criminal Procedure Code (CrPC) / Bharatiya Nagarik Suraksha Sanhita (BNSS).

Facts of the Case

In this matter, the wife had earlier obtained a maintenance order from the Family Court. The husband challenged this, claiming he was unemployed after returning from the Gulf and had no means to support her. He also argued that since she had left his company around 2015, she was not entitled to maintenance under Section 125(4) CrPC. He added that he had to maintain his second wife, and their son was already providing for the first wife, making her claim unsustainable.

The Family Court had awarded the first wife a monthly maintenance amount. The husband also sought maintenance from his son, which the Court dismissed.

What the Court Said

The High Court, led by Justice Kauser Edappagath, held that a Muslim husband does not have a vested right to multiple wives. While Muslim personal law allows polygamy, it does so only as an exception and under the strict condition that all wives must be treated equally and equitably. That includes equal financial maintenance.

Referring to the relevant verse in the Quran (IV:3), the Court emphasized that “to do justly with all wives” means equality not just in love and affection but also in maintenance. Thus, marrying a second wife does not absolve him of his duty to maintain the first.

The Court also rejected the husband’s argument that because the son supported the first wife, his obligation ended. It clarified that the statutory duty under Section 125 CrPC (now Section 144 BNSS) is independent of any support she may receive from her children.

On the claim that the wife left him without cause, the Court held that the husband’s unilateral second marriage, without the first wife’s consent, constituted a valid reason for her to live separately, and did not disqualify her from maintenance.

Relying on the precedent of Haseena v Suhaib, 2025 (1) KHC 543, the Court affirmed that a Muslim wife who stays apart due to her husband’s second marriage retains her right to maintenance under the law.

Implications of the Judgment

This judgment reinforces that polygamy under Muslim personal law is not a blanket right. It remains contingent on the husband’s ability to treat co-wives equally, financially and otherwise.

The ruling strengthens the protection afforded to first wives who may be left vulnerable when their husbands remarry. They retain their statutory right to seek maintenance under the CrPC/BNSS, even if the husband claims financial constraints due to a second marriage.

It also clarifies that maintenance obligations on the husband are independent of any support the wife may receive from her children.

Finally, this decision may deter arbitrary second marriages by men who lack means, since marrying again does not automatically absolve them of existing obligations to their first wife.