Kerala High Court Upholds Wife's Right to Maintenance Despite Husband's Second Marriage

Court dismisses husband's petition, affirms wife's entitlement to maintenance despite separate living arrangements due to husband's second marriage.

In a significant judgment, the Kerala High Court upheld the right of a Muslim woman to claim maintenance from her husband even while living separately due to his second marriage. The case, Vappin v. Fathima, revolved around the entitlement of maintenance for the wife, Fathima, after her husband, Muhammed Vappinu, entered into a second marriage without her consent. The judgment, delivered by Dr. Kauser Edappagath, J., addressed two revision petitions and reinforced the statutory obligations under the Bharatiya Nagarik Suraksha Sanhita, 2023.

The first petition was filed by the husband challenging the Family Court's decision to award maintenance of Rs. 5,000 per month to Fathima. The second petition was filed by the husband against his son, Vasif Muhammed, contesting the Family Court's dismissal of his claim for maintenance from the son. The court dismissed both petitions, emphasizing the husband's obligation to provide maintenance despite his claims of financial incapacity and the wife's separate income.

The court noted that the husband's second marriage, conducted without the first wife's consent, constituted a valid reason for Fathima to live separately and still claim maintenance. The husband's argument that his joblessness and the wife's alleged income from a beauty parlour absolved him of his maintenance duty was dismissed due to lack of evidence. The court also highlighted that a husband's obligation to maintain his wife is independent of any maintenance provided by their children.

The judgment underscores the principle that polygamy in Muslim law is an exception and not a rule, and the husband must treat all wives justly and equitably. The court referenced the case of Haseena v. Suhaib, reinforcing that a wife's decision to live separately due to a husband's second marriage does not disqualify her from receiving maintenance.

The court's decision reaffirms the legal protection available to women under the Bharatiya Nagarik Suraksha Sanhita, ensuring that a husband's subsequent marital decisions do not undermine a first wife's right to financial support.

Bottom Line:

Maintenance - Wife entitled to claim maintenance from husband despite living separately on valid grounds, such as husband's second marriage without her consent.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 144(1)(a) and 144(4)

Vappin v. Fathima, (Kerala) : Law Finder Doc Id # 2812848