Md. Ahmed Khan vs. Shah Bano Begum (1985)
Md. Ahmed Khan vs. Shah Bano Begum (1985)
Md. Ahmed Khan vs. Shah Bano Begum (1985)
The Hon’ble Supreme Court in present case has discussed the applicability of Section 125 and 127 of
Code of Criminal Procedure and provisions of Maintenance under Muslim Personal Law. The Court
discussed the judgment of Supreme Court in Bai Tahira and Fazlunbi case. The Court also expressed the
necessity of Uniform Civil Code in the national integration of the country.
Issues
1.) Whether S. 125 of Code of Criminal Procedure applies to Muslims also?
2.) Whether there is any conflict between provisions of S.125 of CrPC and Muslim Personal Law on point
of maintenance by husband to Muslim divorced wife ?
3.) Whether any sum is payable to wife ‘on divorce’ under Muslim Personal Law?
JUDGEMENT
After the appeal of the respondent the matter was then heard by a five judge bench. The five judge
bench was composed of Chief Justice CHANDRACHUD, RANGNATH MISHRA, D.A. DESAI, O.CHINNAPPA
REDDY, and E.S. VENKATARAMIAH. On 23 April 1985,
Supreme Court in a unanimous and like- minded decision, dismissed the appeal and confirmed the
judgement of the High Court.
Supreme Court concluded that “there is no conflict between the provisions of section 125 and those of
the Muslim Personal Law on the question of the Muslim husband’s obligation to provide maintenance
for a divorced wife who is unable to maintain herself”. After referring to the Quran, holding it to the
greatest authority on the subject, it held that there is no doubt that the Quran imposes an obligation on
the Muslim husband to make provision for or to provide maintenance to his divorced wife. The Supreme
Court invoked section 125 of Code of Criminal Procedure, which applies to everyone regardless of caste,
creed, or religion. It ruled that Shah Bano be given maintenance money, similar to alimony. Supreme
Court in case duly held that, since responsibility of Muslim husband towards her divorced wife is limited
to the extent of “IDDAT” period, even though this situation does not contemplates the rule of law that is
mentioned in section 125 of Crpc.,1973. Thus at the end, after very long procedure court finally
concluded that the husband’s legal liability will come to an end if divorced wife is competent to maintain
herself. But this situation will be reversed in the case when wife is not able to finance or maintain
herself after the “iddat” period, she will be entitle to receive maintenance or alimony under section 125
of CrPC.