A Beggar Cannot Be Directed to Pay Maintenance under Section 125 CrPC: Kerala High Court Rules

Justice P.V. Kunhikrishnan, while disposing of a revision petition, upheld a Family Court order that had dismissed a claim by the petitioner, who sought ₹10,000 monthly maintenance from her husband, a blind man who survives on alms and occasional assistance from neighbours.

The Court reasoned that the statutory obligation under Section 125 CrPC is predicated on the ability of the husband to maintain his wife. Where the admitted position is that the husband is a beggar with no regular source of income, no such direction can be made.

“No court can direct a beggar to pay maintenance to his wife when the wife admits that her husband is a beggar,” the Court observed.

The Court observed that the destitute wife of a person who goes begging for a livelihood must be protected by the State through appropriate measures.

“Begging is not recognised in our State. It is the duty of the State, society, and the court to ensure that no one goes begging for a livelihood, and the State has the duty, at least, to provide food and clothing to such a person. The destitute wife of such a person should also be protected by the State through appropriate measures.” the court noted

The Court examined the limits of personal laws in the context of maintenance. The Court noted that it is the duty of the State to protect the destitute wives who are the victims of polygamy in the Muslim community.

"It is the duty of the elected government in a democratic country to ensure that its citizens do not beg. The government may not always be aware of individual cases of begging, and therefore, this court cannot blame the government. But when the same is brought to the notice of this Court, even in a case coming before this Court in a different context, it is the duty of this Court to bring to the notice of the Department concerned of the State Government to see that the Government protects such a person in accordance with law.", it added.

The Court thus dismissed the revision petition, confirming the Family Court decision and directed the Secretary, Social Welfare Department to take appropriate actions. 

Also from the judgment - Islam Permits Polygamy Only When A Man Can Do Justice Between Wives : Kerala High Court

Case Title: Jubairiya v Saidalavi

Case No: RPFC 221/ 2021

Citation: 2025 LiveLaw (Ker) 586

Counsel for Petitioner: E C Ahmed Fazil

Counsel for Respondent: K Rajesh Kannan, Seetha P, Ajith C R

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