The Kerala High Court has ruled that a man who survives by begging cannot be directed to pay maintenance to his wife under Section 125 of the Code of Criminal Procedure (CrPC). The judgment came while dismissing a woman’s plea seeking monthly maintenance of ₹10,000 from her husband.
Justice P.V. Kunhikrishnan, while hearing a revision petition, upheld the Family Court’s decision that had earlier rejected the woman’s claim. The court noted that the man, who is blind, sustains himself only through alms and occasional help from neighbours, and therefore has no means to provide financial support.
The court observed:
“No court can direct a beggar to pay maintenance to his wife when the wife herself admits that her husband is a beggar.”
It further reasoned that the statutory obligation under Section 125 CrPC is based on the husband’s financial ability. Since the man had no income, the claim could not be allowed.
At the same time, the court stressed that the wife of such a person should not be left destitute. The responsibility to provide for such individuals, the court said, rests with the State and society. The court reminded that begging is not legally recognised in the State, and it is the duty of the government to ensure food, clothing, and protection for people in such conditions.
The court also reflected on broader issues of personal law and maintenance, pointing out that destitute wives, including victims of polygamy, must be protected through proper State measures.
In conclusion, the High Court dismissed the revision petition and confirmed the Family Court’s order. It also directed the Secretary of the Social Welfare Department to take necessary steps to support the petitioner.
Case Title: Jubairiya v. Saidalavi
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