Mohd. Ahmed Khan v. Shah Bano Begum (1985)

CASE_TITLE: Mohd. Ahmed Khan v. Shah Bano Begum (1985), popularly known as the Shah Bano case, is a landmark judgment of the Supreme Court of India on maintenance for a divorced Muslim woman.

The husband, Mohd. Ahmed Khan, divorced his wife, Shah Bano, and argued that under Muslim personal law he was responsible to maintain her only during the iddat period and that payment of mahr was enough. Shah Bano, who was unable to maintain herself, claimed maintenance under Section 125 CrPC (now Section 144 BNSS).

The key legal conflict was between secular maintenance law (Section 125 CrPC) and religion-based personal law (Muslim personal law). The Supreme Court held that Section 125 CrPC is a secular, protective provision that applies to all, including Muslims, and that a divorced Muslim woman unable to maintain herself can claim maintenance beyond the iddat period.

This ruling strongly protected the rights of divorced Muslim women and later led to the political and legal debate that resulted in the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Court had to answer three clear legal questions.

1. Extent of husband’s duty under Muslim personal law
   Does the husband’s duty to maintain a divorced Muslim wife end with the completion of the iddat period?
2. Applicability of Section 125 CrPC (now Section 144 BNSS) to Muslims
   Does Section 125, a criminal procedure provision on maintenance, apply to Muslim husbands and divorced Muslim wives?
3. Conflict between personal law and Section 125 CrPC
   If there is a clash between Muslim personal law and Section 125, which one will prevail for the purpose of maintenance?

• Section 125 CrPC (now Section 144 BNSS)
  A summary, secular provision that allows a wife (including a divorced wife), minor children and dependent parents who are unable to maintain themselves to claim maintenance from a person having sufficient means.
• Explanation to Section 125 – "Wife"
  The term "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
• Section 127(3)(b) CrPC
  Allows cancellation of a maintenance order if the woman has received a sum payable on divorce under any customary or personal law.
• Muslim Personal Law (Shariat)
  Husband has a duty to maintain his wife during marriage and for a limited period after divorce (iddat). Mahr is an amount promised at marriage.

1. Secular nature of Section 125 CrPC
   Section 125 CrPC is a religion-neutral, criminal procedure provision meant to stop vagrancy and poverty. It applies to all citizens, including Muslims, regardless of personal law.
2. Divorced Muslim woman as "wife"
   A divorced Muslim woman who has not remarried and cannot maintain herself is treated as "wife" under Section 125 CrPC for the purpose of maintenance.
3. Personal law vs statutory law
   Where a personal law rule restricts maintenance to the iddat period but the woman is still unable to maintain herself, Section 125 prevails as a beneficial statutory remedy.
4. Nature of mahr
   Mahr is primarily a sum payable in consideration of marriage, not a payment in full settlement of all future maintenance. Therefore, it does not automatically end the duty under Section 125 CrPC.

• Women’s rights strengthened
  The case recognised that a divorced Muslim woman has a real, enforceable right to maintenance if she cannot support herself.
• Priority of secular welfare law
  It clearly stated that in matters of basic survival and dignity, secular welfare law like Section 125 CrPC can override restrictive rules of personal law.
• Debate on personal laws and uniform civil code
  The judgment triggered a nationwide discussion on uniform civil code, minority rights and protection of women.
• Legislative response: 1986 Act
  Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 as a response, which itself became controversial and led to later constitutional challenges.
• Important for exams and practice
  The case is regularly asked in LLB, LL.M and judicial services exams and is also cited in arguments around maintenance and gender justice.

• Always remember: Section 125 CrPC = secular, welfare, summary remedy. It is not a part of personal law.
• A divorced Muslim woman who has not remarried is a "wife" under Section 125 for maintenance purposes.
• Personal law cannot be used to escape the duty to support a destitute divorced wife.
• Mahr is not a complete and final substitute for all future maintenance.
• After this case, always mention the Muslim Women (Protection of Rights on Divorce) Act, 1986 to show the legislative aftermath.

Mnemonic: "SID M" – Secular law, Iddat, Divorced wife, Mahr

1. S – Secular Section 125
   Section 125 CrPC is secular and applies to everyone, including Muslims.
2. I + D – Iddat not the end for a Divorced wife
   Iddat is not the final limit if the divorced wife cannot maintain herself.
3. M – Mahr is not maintenance
   Payment of mahr does not cancel the duty to pay maintenance under Section 125.

Before the exam, write "SID M" on your rough sheet and quickly expand it into these three ideas to recall the full ratio.

Iddat

Waiting period after divorce (or death of husband) during which a Muslim woman cannot remarry. Husband must maintain her during this period.

Mahr (Dower)

Sum of money or property promised by the husband to the wife at the time of marriage, payable immediately or later. It is not the same as monthly maintenance.

Section 125 CrPC

Provision in the Code of Criminal Procedure (now mirrored in Section 144 BNSS) that allows quick maintenance orders to prevent neglect of wives, children and parents.

Personal Law

Religion-based law governing marriage, divorce, maintenance, inheritance, etc., such as Muslim personal law or Hindu personal law.

Secular Provision

A law that applies equally to all individuals, without reference to their religion, caste or creed.

These cases help you build a theme around maintenance, Muslim law and women’s rights.