Mohd. Ahmed Khan vs Shah Bano Begum
1985 (3) SCR 844
Case Summary
[Maintenance]
[Muslim Personal Law]
[Right to Equality]
FACTS
Shah Bano, a 62-year-old Muslim woman, was divorced by her husband through triple talaq after 14 years of marriage. He stopped providing her maintenance, prompting Shah Bano to seek legal relief under Section 125, CrPC, which entitles women to maintenance from their husbands. The issue arose when her husband argued that under Muslim Personal Law, he was not obligated to provide maintenance after divorce.
LEGAL PROVISION
Section 125, CrPC (Maintenance of wives, children, and parents)
Constitution of India: Articles 14, 15, 21
JUDGMENT
The Supreme Court ruled in favour of Shah Bano, emphasizing that under Article 15 of the Constitution, Muslim women had the right to maintenance under Section 125, CrPC, irrespective of their personal laws. The judgment reinforced that personal laws cannot override constitutional rights. While this decision was controversial and led to protests from conservative Muslim groups, it was a landmark in asserting women's rights.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 was later passed to limit the ruling’s scope, effectively restricting the maintenance a Muslim woman could claim after divorce, but the case remains pivotal in discussions about the balance between personal laws and constitutional rights.
VIKAS MEENA
2ND YEAR
RAJASTHAN UNIVERSITY
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