Kerala HC says polygamy out of bounds for Muslim men lacking means
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Kochi (PTI): The Kerala High Court has observed that it cannot accept multiple marriages of a Muslim man when he has no capacity to maintain his wives, and one of them approaches the court claiming maintenance.
The observation was made by Justice P V Kunhikrishnan when a 39-year-old Perinthalmanna native approached the court seeking a monthly maintenance of Rs 10,000 from her husband, who survives by begging.
Earlier, the petitioner had approached a Family Court, which dismissed her plea, stating that her 46-year-old husband from Kumbadi, Palakkad, who was surviving on begging, cannot be directed to pay maintenance.
The court, in a satirical manner, referred to a Malayalam phrase implying: "Don’t put your hand into a begging bowl".
The judge noted that the husband was also not a saint. "Even though he is blind and a beggar, as stated by the petitioner, who is his second wife, he has been threatening her that he will soon enter into a third marriage with another woman," the court observed.
The court perused the petition and found that the respondent was receiving an income of Rs 25,000 from various sources, including begging, and that the petitioner had sought Rs 10,000 per month as maintenance. The respondent currently lives with his first wife.
The court also noted that it could not digest the contention of the wife that her blind husband regularly assaulted her.
However, while highlighting the peculiar facts and circumstances of the case, the court said that judges are not robots. "Admittedly, the respondent belongs to the Muslim community, and he is taking the benefits of his customary law, which, according to him, allows him to marry twice or thrice. 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 court further said that successive marriages of the man, when he was only a beggar, cannot be accepted even under Muslim customary law. "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," it noted.
Referring to verses of the Quran, it said the holy text propagates monogamy and treats polygamy as only 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," the court said.
According to the court, a majority of Muslims follow monogamy, which reflects the true spirit of the Quran, while only a small minority practise polygamy, forgetting its verses. They must be educated by religious leaders and society, it said.
Taking up the respondent’s situation, the court said begging cannot be recognised as a livelihood and that it is the duty of the state, society, and judiciary to ensure that no one resorts to it. It stressed that the state must provide food and clothing to such persons.
The court also referred to Sree Narayana Guru’s Daivadasakam, a collection of ten verses on God.
"If a blind man who is begging in front of the mosque and marrying one after another without even knowledge of the fundamental principles of Muslim customary law, he should be counselled appropriately. It is the duty of the state to protect the destitute wives who are victims of polygamy in the Muslim community," the judge said.
The court directed that a copy of its order be given to the Secretary of the Social Welfare Department for appropriate action. "The department should provide counselling to the respondent, assisted by the competent counsellors, including religious leaders," it ordered.
Regarding the plea for maintenance, the court reiterated the Family Court’s earlier stance. "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," he court ordered.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
