Case -3 Historical judgement on maintenance of Muslim divorced women and how it was reversed
Cases Covered:
Mohd. Ahmad Khan vs. Shah Bano Begum.
Background:
An Act was passed and its name was Muslim Women (Protection on Divorce Act),1986. What did you think of it? That it should be an Act passed to protect Muslim women at the time of divorce? But actually it was passed to reverse the decision of the Supreme Court allowing the maintenance of Muslim women against Muslim Personal Law Act. It was passed by Rajeev Gandhi government to reverse the most controversial decision of Mohd. Ahmad Khan Vs Shah Bano Begum.
Why the case was filed?
The Shah Bano and Ahmad khan were married in 1932. They had 5 childrens. Ahmad khan was having one more wife. He asked her to move out of his residence in 1975.She went to the court for maintenance. Ahmad Khan give her a divorce and an amount. He claimed that she is not eligible for the maintenance. But the court gave her a maintenance which was further enhanced by the MP court. He was a famous lawyer of Madhya Pradesh.
He went to Supreme Court. His plea was that in this case Muslim personal Law would be applicable. Even the Muslim law board came forward and asked the courts to stay away from this. According to them it was an internal matter of Muslim religion and should be decided as per Muslim Law.
Final Verdict of the Court:
The court decided in favour of Shah Bano. They said that the case is filed under IPS and should be decided as per IPC. Section 125 of IPC provides for the maintenance in case of Divorce. Thus the court ruled out the settling of the matter as per Muslim personal law. The issue was settled as per IPC and the court allowed the maintenance.
The law was changed:
After this judgment the Rajiv Gandhi government passed an Act to overturn the judgment. The Act was passed in the name of protection of Muslim women but it actually deprived them of their right to claim maintenance. The Act provided the following two
- Muslim women will be eligible for the maintenance only upto the period of IDDAT. The time a Muslim women have to observe in case of death or divorce from her husband.
- In case of need for maintenance the magistrate has the power to direct the waqf board to arrange for her means of life.
Read & Download the Full Mohd. Ahmad Khan vs. Shah Bano Begum.
optional file name
CA
