Shah Bano’s Case

Case fact

Mohd Ahmed Khan (the appealing party) who was also into legal profession, married to Shah Bano Begum (the respondent) in 1932, they had 3 sons and daughters from this marriage. In 1975, while Shah Bano’s age turned into sixty two years, she changed into disowned with the aid of using her partner and changed into tossed out from her marital domestic collectively together along with her children. In 1978, she filed an attraction within side the presence of Judicial Magistrate of Indore, due to the fact she changed into deserted from the renovation of Rs. two hundred according to month, which changed into assured to be supplied with the aid of using him. She demanded Rs. 500 for every month as maintenance. Subsequently, the husband gave her irrevocable triple talaq on November 6th, 1978, and used it as a defense to now no longer pay renovation. The magistrate, in August 1979, directed the husband to pay an entirety of Rs 25 for every month as maintenance. Shah Bano in July 1908 made a plea to the High Court of M.P, to extrade the sum of maintenance to Rs. 179 every month, and high court multiplied the maintenance to the stated quantity i.e. Rs. 179 according to month. The identical changed into challenged with the aid of using the partner within side the Supreme Court as a unique depart petition to the High court’s decision.

 

Background

Section 125(1) of the Criminal Procedure Code deals with answers to the question as to “Who can Claim Maintenance?”

According to the Indian Penal Code

  1. Wife from his husband,
  2. Legitimate or illegitimate minor child from his father,
  3. Legitimate or illegitimate minor child (physical or mental abnormality) from his father, &
  4. Father or mother from his son or daughter.

Essentials conditions for granting maintenance include the following points:

  1. Sufficient means for maintenance are available (person who has to give the maintenance should have means to give the same).
  2. Neglect or refusal to maintain after the demand for maintenance ( if the person defaults or omits to provide maintenance or if he denies his obligation of maintaining then it amounts to neglect or refusal respectively).
  3. The person claiming maintenance must be unable to maintain himself/herself (only if the person is unable to maintain themselves).
  4. Quantum of maintenance (depends on the standard of living).

 

Issue

  1. Criminal Procedure Code, Section 125. Whether the “WIFE” definition includes a divorced Muslim woman?
  2. Criminal Procedure Code, Section 125. Whether it overrides personal law?
  3. Criminal Procedure Code, Section 125. Whether a Muslim husband’s obligation to provide maintenance for a divorced wife is in or not in the conflict between section 125 and Muslim Personal Law?
  4. Criminal Procedure Code, Section 127(3) (b). What is the sum payable on divorce? The meaning of Mehar or dower is not summed payable on divorce?

 

Judgement

The verdict was given via way of means of C.J, Y.C Chandrachud, and the enchantment of Mohd. Ahmed Khan changed into dismissed. Supreme Court stated that Section of the code applies to all residents impartial in their faith and therefore Section a hundred twenty five(3) of Code of Criminal Procedure is pertinent to Muslims as well, with none kind of discrimination. The courtroom docket in addition said that Section a hundred twenty five overrides the non-public regulation if there’s any struggle among the 2 It makes clean that there’s no strife among the provisions of Section a hundred twenty five and people of the Muslim Personal Law at the deal with of the Muslim husband’s duty to offer maintenance for a divorced spouse who’s incapable to hold herself. Supreme Court in this example duly held that because the duty of Muslim husband in the direction of her divorced spouse is limited to the diploma of ” Iddat” duration, certainly though this situation does now no longer ponder the rule of regulation that’s stated in Section a hundred twenty five of CrPc., 1973 and in the end the duty of the husband to pay maintenance to the spouse extends past the iddat duration within side the occasion that the spouse does now no longer have enough way to hold herself. It changed into in addition said via way of means of the court that this rule in line with Muslim Law changed into in opposition to humanity or changed into incorrect due to the fact right here a divorced spouse changed into now no longer in a circumstance to hold herself. The price of Mehar via way of means of the husband on divorce isn’t always enough to exempt him from the obligation to pay renovation to the spouse. After an extended court procedure, the Supreme Court ultimately concluded that the husbands’ criminal legal responsibility will come to an stop if a divorced spouse is in a position to hold herself. But this case can be switched within side the case whilst the spouse isn’t able in a circumstance to hold herself after the Iddat duration, she can be entitled to get renovation or alimony below Section a hundred twenty five of CrPC.

 

 

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