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Mohd. Ahmad Khan v. Shah Bano Begum
FACTS
- Shah Bano Begum (herein respondent) was married to Mohd. Ahmed Khan (herein appellant) in 1932. Mohd. Ahmed Khan was a renowned lawyer in Madhya Pradesh High Court. They had three sons and two daughters together.
- After about 14 years of their marriage Mohd. Ahmed Khan married a younger woman. In 1975, when Shah Bano Begum was about 62 years of age her husband, Mohd. Ahmed Khan threw her out of her matrimonial house along with her children.
- In April 1978, she filed a suit under section 125 of the Code of Criminal Procedure (Cr.P.C.), before the Judicial Magistrate of Indore seeking for maintenance of Rs. 500 per month, in view of the professional income of the appellant which was about Rs. 60,000 per annum.
- Under section 125 of the Code of Criminal Procedure (Cr.P.C.), a wife who is without any source of income and is neglected by her husband she is entitled to maintenance.
- On November 6, 1978, Mohd. Ahmed Khan gave divorce to Shah Bano Begum in the form of "talaq-ul-biddat" (triple talaq). He used is it as a defense that after the divorce she has ceased to be his wife, and therefore, he was under no such obligation anymore to provide her maintenance.
- He stated that he had already paid her maintenance of Rs. 200 per month to her fpr about 2 years and also he had deposited a sum of Rs. 3000 in the court by way of "dower" or "Mahr" during the "Iddat" period therefore under the Muslim personal laws he is now under no obligation to maintain her.
- In August 1979, the Magistrate directed the appellant to pay a sum of Rs. 25 per month to Shah Bano Begum as maintenance.
- Shah Bano Begum in July 1908, brought a plea before the High Court of Madhya Pradesh, to increases money to Rs. 179 every month. The High Court of Madhya Pradesh enhanced the amount of money to Rs. 179.20 per month.
- This went to the Supreme Court when Mohd. Ahmed Khan brought an appeal against the verdict of the High Court of Madhya Pradesh before the Supreme Court of India.
ISSUES BEFORE THE COURT
- Whether Section 125 of the Code of Criminal Procedure is applicable to Muslims or not.
- Whether Section 125 of the Code of Criminal Procedure includes the divorced Muslim wife in the ambit of the term wife or not.
OBSERVATION BY THE COURT
- The bench headed by then Chief Justice, Chandrachud observed that the Aiyat No. 241 and 242 of the "Holy Quran" fortify that the "Holy Quran" imposes an obligation upon the Muslim husband to make provision for or to provide maintenance to the divorced wife. If the divorced wife is able to maintain herself, the husband’s liability to provide maintenance for her ceases with the expiration of the period of iddat.
- The court while analyzing the issues observed that clause (b) of the explanation to the section 125(1) of the Code of Criminal Procedure, which defines "wife" as including a divorced wife, contains no words of limitation to justify the exclusion of Muslim women from its scope.
- The wife means a wife, irrespective of religion professed by her or by her husband. Therefore a Muslim divorced wife as long as she does not marry some other person is a wife for the purpose of section 125.
- Section 125 overrides the personal law if there is any conflict between the two.
- If the divorced wife is able to maintain herself, the husband's liability to provide maintenance for her ceases with the expiration of the Iddat period. If she is unable to maintain herself, she is entitled to maintenance.
JUDGEMENT
- The appeal was heard by the bench headed by the then Chief Justice, Chandrachud.
- All India Muslim Personal Law Board and Jamiat ulema-e-Hind were the two Muslim bodies as an intervenor.
- On 3rd Feb 1981, the Supreme Court of India gave a like-minded conclusion to this landmark case. The verdict was conveyed by the Chief Justice, Chandrachud.
- The Supreme Court of India dismissed the plea of Mohd. Ahmed Khan upholding the High Court's ruling. Dismissing the appeal the court held that a divorced Muslim wife is entitled to apply for maintenance under section 125 of the Code.
LATER DEVELOPMENTS
- Muslim Women's (Protection of Rights On Divorce) Act, 1986
- The judgment granted in the Shah Bano Case was highly criticized among the Muslim community as per them the decision was in conflict with the rules of 'Quran' and Islamic Laws/Islam. So Parliament of India, in 1986, enacted the Muslim Women (Protection of Rights and Divorce) Act, 1986.
- The main objective of the Act was to protect the rights of divorced Muslim women. According to this Act, Muslim divorced women should be entitled to an adequate and reasonable amount of maintenance till the Iddat period.
- When a divorced woman maintains a child born to her before or after the divorce, the husband is under obligation to provide a certain amount of maintenance for the child to a period of 2 years from the birth date of the child.
- The woman is also authorized to obtain "Mahr" and receive back all the properties or estate which is provided to her by her parents, friends, relatives, husband, or husband's friends. If such advantages are not received by her former husband, she can apply to the magistrate for ordering him to provide her with maintenance/ alimony or amount of "Mahr" or "dower" or her estate or properties.
- Even though the verdict of the Shah Bano case given by the Supreme Court was invalidated by the endorsement of the Muslim Women (Protection of Rights or Divorce) Act, the court held further verdict's that divorced Muslim women, under Section 125 of Cr. P. C. can affirm maintenance or alimony from their former husband' or apart from this divorced Muslim Women can assert or claim for round some money or amount under the Act.
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