Mohd. Ahmed Khan v. Shah Bano Begum

Issues

• Does “wife” under Section 125 CrPC include a divorced Muslim woman?
• Does Section 125 override Muslim personal law where there is conflict?
• Is maintenance under Section 125 limited to the iddah period?

Rules

• Clause (b) of Section 125 CrPC is secular; it has no religion-based exclusion.
• A divorced Muslim woman is a “wife” for Section 125 until she remarries.
• Personal law limiting liability to iddah cannot defeat the statutory right where the woman cannot maintain herself.

Facts (Timeline)

Arguments

Judgment

The Supreme Court dismissed the husband’s appeal. It held that Section 125 CrPC is secular and controls over conflicting personal law. A divorced Muslim woman who has not remarried remains a “wife” under Section 125. If she cannot maintain herself, the husband’s duty to pay maintenance continues beyond iddah.

Ratio Decidendi

Section 125 CrPC creates a universal, summary remedy against destitution. Personal law cannot curtail this statutory obligation. Maintenance may extend beyond iddah where the divorced woman lacks means.

Why It Matters

• Confirms the secular reach of Section 125 CrPC.
• Protects divorced women from destitution after iddah.
• Clarifies statute vs personal law conflicts in maintenance.

Key Takeaways

Mnemonic + 3-Step Hook

Mnemonic: S.E.C. — Secular law, Extends beyond iddah, Controls over personal law

1. Ask: Is she a “wife” under Sec. 125 (not remarried)?
2. Check need: Can she maintain herself?
3. Apply statute: Maintenance may extend beyond iddah.

IRAC Outline

Glossary

Section 125 CrPC

Summary remedy to prevent destitution of wives, children, and parents, regardless of religion.

Iddah

Waiting period after divorce in Muslim law; traditionally linked with certain obligations.

Personal Law

Religious or community-based rules; cannot curtail statutory protections under CrPC.

FAQs

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