Bench: Chandrachud, Y.V. (CJ), Desai, D.A., Reddy, O. Chinnappa (J), Venkataramiah, E.S. (J), Misra Rangnath
DATE OF JUDGMENT: 23/04/1985
Facts –
Shah Bano, a 62-year-old Muslim woman from Madhya Pradesh, was married to Mohd Ahmed Khan in 1932.
On November 6, 1978, the appellant divorced the respondent with an irrevocable "talaq" and argued that he was not obligated to provide maintenance since she was no longer his wife. He claimed to have already paid maintenance at the rate of Rs. 200 per month for two years and deposited Rs. 3,000 in court as "dower or Mahr" during the "iddat" period. In August 1979, the Magistrate ordered the appellant to pay Rs. 25 per month for maintenance. The High Court of Madhya Pradesh increased the maintenance amount to Rs. 179.20 per month on a revision application filed by the respondent.
Mohd Ahmed Khan then appealed to the Supreme Court of India, which heard the case in 1985.
ISSUES-
1. Whether section 125 of CrPC applies to Muslims which provides maintenance of wives?
2. If a divorced woman received whole amount payable to her on divorce (under any customary or personal law under section 127 Cr PC, maintenance order may be cancelled by court?
3. Can it be said that under Mohammedan law, mehr (dower is an amount payable “on divorce” which would absolve Muslim husband from payment of maintenance under 127 of CrPC?
HELD –
The Supreme Court ruled in favor of Shah Bano Begum, stating that she was entitled to maintenance from her husband under Section 125 of the Code of Criminal Procedure.
The court held that the Muslim Personal Law, which governs matters such as marriage, divorce, and inheritance for Muslims in India, does not supersede the constitutional provisions for gender equality and social justice.
The judgement sparked controversy among the Muslim community in India, as many felt that it was a violation of their religious rights. The Indian government eventually passed the Muslim Women (Protection of Rights on Divorce) Act in 1986, which limited the maintenance payable to divorced Muslim women to the period of iddat (a three-month period after divorce during which a woman is required to observe a waiting period).
The Mohd Ahmed Khan v Shah Bano Begum case was an important milestone in the fight for gender equality and women's rights in India. It highlighted the need to balance religious laws and customs with the constitutional principles of gender equality and social justice.
Relevant section- section 125 of CrPC, section 127(3)(b).
Keywords – ‘iddat’, ‘mahr’
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