This Case commentary is written by Rehan Vaz, a Fourth-year law student of St. Rocks Law College (Mumbai)

Name: Mohd. Ahmed Khan Vs Shah Bano Begum

Equivalent Citation: AIR 1985 SC 945

Date of Judgement: April 23, 1985

Case Number: Civil Appeal NO. 7454 OF 1981

Case Type: . Civil Appeal

Petitioner: Mohd. Ahmed Khan

Respondent: Shah Bano Begum and others

Bench/Judge: Chief Justice Y.V. Chandrachud, Justice D.A. Desai, Justice O.Chinna Reddy, Justice R.S. Pathak And Justice M. Hameedullah Beg

Introduction

The Shah Bano case was a pivotal legal matter that had substantial consequences for the rights of Muslim women. It raised important questions about support and the rights of women. This case centred on Shah Bano’s request for financial support for her husband under Section 125 of the Code of Criminal Procedure. The case drew attention to the absence of clear rules regarding financial support in Muslim personal law

Additionally, this case underscored the clash between personal laws and the concept of a uniform civil code, Which aims to have a common set of rules governing personal matters, irrespective of one’s religious beliefs. The case sparked a nationwide discussion about women’s rights and gender equality. It also prompted conversations about the necessity to address these inequalities and protect the rights of Muslim women.

The Shah Bano case had substantial political and social consequences. It caused a public outcry, with some parts of society perceiving it as an instruction into religious affairs, while others regarded it as an essential step in securing women’s rights.

Issue: The Case dealt with the issue of maintenance For Muslim women

Mohd Ahmed Khan, a lawyer, married Shah Bano Begum in 1932 and they had three sons and two daughters. In 1975, when Shah Bano was 62 years old, her husband disowned her and ejected her from their marital home, along with their children. In 1978, she filed an appeal before the Judicial Magistrate of Indore because she had been left without the monthly maintenance of Rs. 200 that her husband was supposed to provide. She requested an increased maintenance of Rs. 500 per month.

Later, her husband pronounced irrevocable triple talaq on November 65th, 1978, using it as a defence to avoid paying maintenance. In August 1979, the magistrate ordered the husband to pay a total of Rs. 25 per month as maintenance. In July 1980, Shah Bano appealed to the High Court of Madhya Pradesh to increase the maintenance to 179bper month and the high court granted her request

The husband challenged the High Court’s decision in the Supreme Court through a special-level petition.

Issue Raised in Shah Bano’s Case.

The issues raised in the Shah Bano Case were :

· Does the “WIFE” definition include a divorced Muslim woman?

· Does the law override personal beliefs or practices?

· Whether a Muslim husband’s obligation to provide maintenance for a divorced wife is not in conflict between section 125 and Muslim Personal Law?

· What is the sum payable on divorce on divorce?

Petition s Argument

· Maintenance under the Muslim Personal Law Board :

The petition in the Shah Bano case argues that the responsibility for providing maintenance to Muslim women rested with the Muslim Personal Law Board and civil courts lacked the authority to grant maintenance to Muslim women under Muslim Personal Law.

· Shariah Law :

The petition contended that according to the principle of Shariah Law, as interpreted by the Muslim Personal Law Board, a Muslim husband was not obligated to provide maintenance to his divorced wife beyond this iddat period, which is three months after divorce.

·Interpretation of the Quran :

The petition in the Shah Bano case argues that the Quran did not mandate Muslim husbands to offer maintenance to their divorced wives beyond the iddat period.

· Constitutional Validity Of section 125 of the Criminal Procedure Code:

The Petitioner claimed that section 125 of the Criminal Procedure Code, which addresses maintenance for wives, Children and parents, Was unconditional because it contradicted personal law principles.

Discrimination Against Muslim husbands:

The Petitioner in the Shah Bano case maintained that requiring Muslim husbands to provide Post-iddat maintenance constituted discrimination against them, as this requirement did not apply to husbands of other religions.

Respondent’s Arguments

· The Muslim Women (Protection of Rights On Divorce) Act,1986:

The respondent in the Shah Bano case argued that this act, Which aimed to overturn the Supreme Court’s decision, was constitutional and essential for safeguarding the rights of Muslim Women.

· Interpretation of Quranic Injunctions:

The respondent contended that the Quranic Guidelines on maintenance and divorce should be interpreted in a manner consistent with contemporary principles of justice and equity They believed that the Act aligned with Quranic Injunctions and aimed to prevent Muslim women From being left destitute after divorce.

· Secularism

The respondent claimed that the Act did not infringe upon the principles of secularism in the Indian constitution, as it intended to protect the fundamental rights of Muslim women. They also argued that the Act did not discriminate against Muslim men since they were still required to provide maintenance to their divorced wives following Quranic principles.

Shah Bano Case Judgement

The verdict of the Shah Bano case was delivered by Chief Justice Y.C Chandrachud and it resulted in the dismissal of Mohd.Ahmed Khan’s appeal. The Supreme Court ruled Section 125 of the Code of Criminal Producers applied to all citizens, irrespective of their religion, without discrimination. The court clarified that Section 125 (3) of the Code of Criminal Producers applied to Muslims as well. It was emphasised that in the case of any conflict between Section 125 and Muslim Personal Law, Section 125 prevailed.

The Supreme Court in the Shah Bano case concluded that a Muslim husband’s obligation to provide maintenance to a divorced wife who was unable to support herself extended beyond the iddat period, as specific in the Muslim Personal Law. The Court expressed that this rule in Muslim Law was inhumane or incorrect because it left a divorced wife in a situation where she couldn’t support herself.

The Court also stated that the payment of Mehar ( a sum paid by the husband on divorce) was not sufficient to absolve him of the responsibility to provide maintenance to his wife.

After a thorough legal process, the Supreme Court ultimately ruled in the Shah Bano case that a husband’s legal obligation would cause the divorced wife could support herself. However, this obligation would be reinstated if the wife remained unable to support herself after the iddat period and she would be entitled to receive maintenance or alimony under Section 125 of the Code of Criminal Producer.

Impact on Shah Bano’s Case?

The Shah Bano had a significant impact on the legal landscape, leading to the introduction of the Muslim Women ( Protection of Rights on Divorce) Act in 1986. While this law aimed to address some of the issues raised by the case, primarily concerning the maintenance of Divorce Muslim women, of faced criticism for these limitations.

One of the limitations of this Act was that it restricted the maintenance Rights of divorced Muslim women. Specifically, it limited the duration for which is the period following divorce. In other words, the Act did not extend maintenance rights beyond the iddat period.

It’s worth noting that if the Shah Bano case had not taken place, there might have been delays or reluctance in enacting any legal reforms to protect the rights of divorced Muslim women. While the Act aimed to address some issues, its limitations led to ongoing discussions and debates about the rights of Muslim Women in India.

Conclusion

In Shah Bano's case, Shah Bano sought maintenance from her husband under Section 125 of the Code of Criminal Producer. This case raised crucial questions about maintaining Muslim personal law and the clash between laws and a uniform civil code.

The Supreme Court ruled in favour of Shah Bano, stating that Section 125 also applied to Muslims, ensuring maintenance beyond the iddat period. This decision in the Shah Bano case led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act in 1986, which faced criticism for limiting maintenance rights. The case significantly impacted the legal landscape and discussion of Muslim women's rights in India.

Reference:

· http://vidhiparivartan.co.in/wp-content/uplodes/2021/06/Paper-6.pdf

· http://supremeoamicus.org/wp-content/uplodes )2019/05/A49.v11.pdf

· http://www.law.cornel.edu/women-and-

· http://.lawinsider.in/judgement/shayara-bano-vs-union-of-india-and-ors

· http://www.scobeserve.in/case/shayara-bano-union-india-tripal-talaq-case& background /