मोहम्मद अहमद खान बनाम शाह बानो बेगम
| Citation | AIR 1985 SC 945 |
| Court | Supreme Court of India (Constitution Bench) |
| Date | 23 April 1985 |
| Year | 1985 |
| Bench | Y.V. Chandrachud CJ, D.A. Desai, O. Chinnappa Reddy, E.S. Venkataramiah, Ranganath Misra JJ. |
| Acts/Articles | CrPC Section 125, Article 44 |
| Category | Constitutional Law, Women's Rights |
Key Principle Established
A divorced Muslim woman is entitled to maintenance under Section 125 CrPC. Personal law cannot override statutory provisions meant to prevent destitution.
Shah Bano, a 62-year-old Muslim woman, was divorced by her husband through triple talaq after 43 years of marriage. She claimed maintenance under Section 125 CrPC. Her husband argued that under Muslim personal law, his obligation ended after paying mehar and iddat maintenance.
Chief Justice Chandrachud held that Section 125 CrPC applies to all women regardless of religion. A divorced Muslim wife is entitled to maintenance beyond the iddat period if she is unable to maintain herself. The Court also called for implementation of a Uniform Civil Code under Article 44.
The Shah Bano case is among India’s most politically significant judgments. It triggered a massive political controversy leading to Parliament passing the Muslim Women (Protection of Rights on Divorce) Act, 1986 to nullify the judgment. The debate between personal law and women’s rights continues to this day.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
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