Shah Bano Case Gist
Shah Bano Case Gist
Shah Bano Case Gist
Section 125(1) of the Criminal Procedure Code deals with answers to the question as to “Who
can Claim Maintenance?” Some questions arising regarding the same were-
Conclusion:
This judgment has marked the significance of maintenance which ought to be given to the
divorced Muslim women who are not in the condition to earn and maintain themselves.
Article 44 of the Directive Principles in the Constitution, directs the state to provide for its
citizens a Uniform Civil Code throughout the territory of India, “A common civil code will help
the cause of national integration by removing disparate loyalties to laws which have
conflicting ideologies. A beginning has to be made if the Constitution is to have any meaning.”
Shah Bano’s case judgment was criticized by many Muslims especially Muslim scholars as it
was in conflict with the rules of the Quran and Islamic Laws/Islam but Supreme Court passed
the impartial judgment and at last, it had maintained the trust and faith of citizens in the
judiciary. Subsequently, the Parliament of India in 1986 decided to enact the Muslim Women
(Protection Of Rights Of Divorce) Act, 1986.