Shamima Farooqui v. Shahid Khan (2015) 5 SCC 705

Quick Summary

This case answers two simple questions: Can a divorced Muslim woman claim maintenance under Section 125 CrPC? and How much is fair? The Supreme Court said Section 125 is a secular safety-net. It protects women from destitution, regardless of religion.

On facts, the Court restored the Family Judge’s order of ₹4,000 per month. The High Court’s cut to ₹2,000 had no good reason and would not let her live with dignity.

Issues

• Is Farooqui entitled to maintenance under Section 125 CrPC?
• What is the proper quantum of monthly maintenance?

Rules

The Court relied on binding precedents—Shamim Bano, Danial Latifi, Khatoon Nisa, and Shabana Bano—to affirm that Section 125 applies irrespective of faith.

• Maintenance must allow a woman to live with dignity, not bare survival.
• Reduction without reasons is improper; retirement alone is not a shield.

Arguments

The Supreme Court held that Section 125 CrPC applies and the Family Judge’s ₹4,000/month was proper. The High Court’s reduction lacked reasons and failed the dignity test.

Maintenance must prevent destitution and respect the woman’s dignity. Retirement is not a blanket excuse to pay less.

Ratio (Core Principle)

Section 125 is a secular, welfare provision. Courts fix maintenance so a woman can live with dignity; arbitrary reductions are impermissible.

Why It Matters

• Confirms Section 125’s secular reach across religions.
• Centers dignity as the guiding yardstick for quantum.
• Discourages courts from token or unexplained reductions.

Key Takeaways

• Section 125 CrPC protects against destitution—faith no bar.
• Maintenance must ensure dignity, not mere subsistence.
• Unproven divorce/mehr claims can’t defeat entitlement.
• High Court reductions need clear, cogent reasons.

Mnemonic + 3-Step Hook

Mnemonic: “D-I-G-N-I-T-Y” — Destitution bar, Irrespective of faith, Genuine need, No token sums, Inquiry into means, Test: dignity, Yes to fairness.

1. Ask: Does the amount secure dignified living?
2. Check: Needs, status, and husband’s means.
3. Apply: Precedents; avoid arbitrary cuts.

IRAC Outline

Glossary

Section 125 CrPC

A quick, secular remedy to prevent destitution by ordering maintenance to wives, children, or parents.

Mehr

Obligatory payment in Muslim marriage; its payment does not automatically end Section 125 claims.

Quantum

The amount of maintenance fixed by the court considering needs and means.

FAQs

Related Cases