Authored By: Ms.Prachi Pal
University of Lucknow
Case Title
Mohd. Ahmed Khan v. Shah Bano Begum
Citation
AIR 1985 SC 945, (1985) 2 SCC 556
Court
Supreme Court of India
Bench
Y.V. Chandrachud (CJI), D.A. Desai, O. Chinnappa Reddy, E.S. Venkataramiah, and Rangnath Misra, JJ.
Date of Judgment
April 23, 1985
Relevant Statutes/Key Provisions
– Section 125, Code of Criminal Procedure, 1973 – provides a quick remedy for maintenance to wives, children, and parents, irrespective of religion.
– Muslim Personal Law (Shariat) – governing marriage, divorce, and maintenance among Muslims.
– Articles 14, 15, and 21 of the Constitution of India – equality before law, prohibition of discrimination, and protection of life and liberty.
– Article 44 of the Constitution – Directive Principle of State Policy calling for a Uniform Civil Code (UCC).
Brief Facts
Shah Bano Begum, a 62-year-old Muslim woman and mother of five children, was married to Mohd. Ahmed Khan, a prosperous advocate from Indore.
After over forty years of marriage, Khan took another wife and subsequently divorced Shah Bano in 1978 by pronouncing irrevocable talaq.
Unable to sustain herself financially, Shah Bano filed a petition under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance.
Khan contended that under Islamic law, his liability ended after paying dower (mehr) and maintaining her during the iddat period (roughly three months after divorce).
The Magistrate directed Khan to pay Rs. 25 per month, which the Madhya Pradesh High Court later enhanced to Rs. 179.20.
Khan appealed to the Supreme Court, asserting that personal law superseded Section 125 CrPC in such cases.
Issues Involved
- Whether a Muslim husband is obligated under Section 125 CrPC to provide maintenance to his divorced wife beyond the iddat period?
- Whether Muslim personal law can override the secular provisions of Section 125 CrPC?
- Whether the interpretation of Section 125 CrPC infringes the right to freedom of religion under Article 25?
- Whether this case demonstrates the urgency of implementing a Uniform Civil Code under Article 44 of the Constitution?
Arguments
Petitioner’s Arguments (Husband – Mohd. Ahmed Khan):
– Under Muslim personal law, once the iddat period ends, the husband has no further obligation to maintain his divorced wife. His only duty is to pay the mehr agreed at marriage.
– Section 125 CrPC cannot override personal law, as this would infringe Article 25 (freedom of religion).
– The High Court’s order compelling him to provide maintenance beyond iddat was unconstitutional.
Respondent’s Arguments (Wife – Shah Bano Begum):
– Section 125 CrPC is a secular law applicable to all, designed to prevent destitution. Religion is irrelevant to its application.
– Maintenance under Section 125 CrPC is a right independent of personal law and is based on the husband’s ability to provide.
– Denying Muslim women maintenance beyond iddat would amount to discrimination and contravene Articles 14 and 15 of the Constitution.
Judgment
The Supreme Court unanimously ruled in favor of Shah Bano, holding that Section 125 CrPC applies to all citizens irrespective of religion.
It affirmed that a divorced Muslim woman unable to maintain herself can claim maintenance from her former husband even after the iddat period.
The Court rejected the plea that Muslim personal law overrides Section 125. It held that personal law cannot take precedence over a secular, welfare-oriented law designed to prevent destitution.
Further, it stated that the payment of mehr is not sufficient to exempt a husband from liability under Section 125.
The Court also emphasized the desirability of a Uniform Civil Code, stating that Article 44 had remained a “dead letter” of the Constitution and that its enactment would promote gender equality and national integration.
Ratio Decidendi
Section 125 CrPC, being a secular law of general application, overrides personal law where inconsistent. A divorced Muslim woman is entitled to maintenance if unable to maintain herself.
Obiter Dicta
The Court observed the urgent need for a Uniform Civil Code under Article 44 of the Constitution.
It opined that such a code would aid national integration by removing contradictions in personal laws and ensuring gender justice.
Final Decision
The Supreme Court upheld the Madhya Pradesh High Court’s decision and directed Mohd. Ahmed Khan to provide maintenance to Shah Bano.
This judgment firmly established that divorced Muslim women are entitled to maintenance under Section 125 CrPC, regardless of religious personal law limitations.
Impact and Aftermath:
The Shah Bano ruling was a milestone for women’s rights and secular law in India. However, it triggered strong opposition from conservative Muslim groups,
who perceived it as interference with religious practices. In response, the Government enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986,
restricting maintenance to the iddat period. This Act, however, was later interpreted in *Danial Latifi v. Union of India* (2001) to mean that a husband’s liability extends beyond iddat,
thus upholding the spirit of the Shah Bano decision.
Reference(S):
1.Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945; (1985) 2 S.C.C. 556.
2.Code of Criminal Procedure, 1973, § 125 (India).
3.Constitution of India arts. 14, 15, 21, 25, 44.
4.Muslim Women (Protection of Rights on Divorce) Act, 1986 (India).
5.Danial Latifi v. Union of India, (2001) 7 S.C.C. 740.
6.Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India (Oxford Univ. Press 1999).
7.Tahir Mahmood, Personal Law in Crisis (N.M. Tripathi Pvt. Ltd. 1986).
