MOHD. AHMED KHAN VS SHAH BANO BEGUM AND ORS AIR 1985 SC 945
- Chief Justice Y.C. Chandrachud rendered the verdict in the Shah Bano case, leading to the dismissal of Mohd. Ahmed Khan’s appeal. The Supreme Court decreed that Section 125 of the Code of Criminal Procedure is universally applicable to all citizens, irrespective of their religious denomination, devoid of discrimination. The Court clarified that Section 125(3) of the Code of Criminal Procedure extends its purview to encompass Muslims as well. It was emphasized that in the event of any conflict between Section 125 and Muslim Personal Law, the precedence of Section 125 is affirmed.
- In this case the Supreme Court concluded that the obligation of a Muslim husband to provide maintenance to a divorced wife, who was unable to support herself, extended beyond the iddat period as specified 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 additionally articulated that the disbursement of Mehar (a stipulated amount paid by the husband upon divorce) did not suffice to discharge him of the obligation to furnish maintenance to his wife.
- Following a comprehensive legal proceeding, the Supreme Court ultimately decreed in the Shah Bano case that a husband's legal obligation would terminate if the divorced wife attained self-sufficiency. Nonetheless, this obligation would be revived should the wife persist in her incapacity to maintain herself post the iddat period, entitling her to receive maintenance or alimony pursuant to Section 125 of the Code of Criminal Procedure
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