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

The Kerala High Court has ruled that a person who survives by begging cannot be legally compelled to pay maintenance under Section 125 CrPC.

Justice P.V. Kunhikrishnan upheld a Family Court’s dismissal of a wife’s plea for maintenance from her blind, destitute husband in Jubairiya v. Saidalavi.

The court noted that since the husband had no income, he could not be ordered to pay.

It also emphasized that under Muslim customary law, a person unable to maintain multiple wives should not enter successive marriages. The Social Welfare Department was directed to provide counselling and ensure basic necessities for the family.