New Delhi: The Supreme Court, which on Wednesday ruled that a Muslim woman can seek maintenance from her husband under section 125 of the CrPC, brought to mind the landmark 1985 Shah Bano Begum case.
The controversial issue of Muslim women getting maintenance under the secular provision of Article 125 of the Convention on the Protection of People (CrPC) took center stage in political discourse in 1985, when a court constitutional case in Mohd Ahmed Khan v. Shah Bano Begum ruled, in a unanimous decision, that Muslim women also had the right to receive maintenance. to maintenance.
The verdict generated a controversy regarding the true obligations of a Muslim husband to pay maintenance to his divorced wife, particularly beyond the 'iddat' (three months) period.
The central government then led by Rajiv Gandhi, in an attempt to "clarify" the position, enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, which sought to specify the rights of such a woman at the time of divorce.
The constitutional validity of the 1986 Act was confirmed by the high court in the 2001 case of Danial Latifi.
The landmark judgment in the Shah Bano case interpreted personal law and also insisted on the need for a Uniform Civil Code (UCC) to address the issue of gender equality.
It laid the foundation for equal rights for Muslim women in marriage and divorce.
Initially, Bano had gone to court to seek maintenance from her divorced husband, who had granted her 'talaq' (divorce).
The legal battle, which began in a district court, ended with the famous ruling handed down by a five-judge constitutional bench of the high court in 1985.
In its verdict delivered on Wednesday, a bench of Justices B V Nagarathna and Augustine George Masih noted that the Shah Bano judgment had comprehensively addressed the issue of maintenance regarding the obligation of a Muslim husband towards his divorced wife who is also unable to support herself. same. her after having been divorced or having requested it.
"The court (in Shah Bano case) unanimously concluded that the obligation of such a husband would not be affected by the existence of any personal law in this regard and that independent remedy for seeking maintenance under Section 125 of CrPC 1973 is always available "said the court.
He said the Shah Bano verdict also observed that even assuming that there is some conflict between the provisions of secular and personal law with respect to maintenance sought by a divorced wife, Section 125 of the CrPC will have an overriding effect.
The court said the 1985 verdict explained that a wife has been conferred the right to refuse to live with her husband if she has entered into another marriage, let alone three or four more marriages.
The controversial issue of Muslim women getting maintenance under the secular provision of Article 125 of the Convention on the Protection of People (CrPC) took center stage in political discourse in 1985, when a court constitutional case in Mohd Ahmed Khan v. Shah Bano Begum ruled, in a unanimous decision, that Muslim women also had the right to receive maintenance. to maintenance.
The verdict generated a controversy regarding the true obligations of a Muslim husband to pay maintenance to his divorced wife, particularly beyond the 'iddat' (three months) period.
The central government then led by Rajiv Gandhi, in an attempt to "clarify" the position, enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, which sought to specify the rights of such a woman at the time of divorce.
The constitutional validity of the 1986 Act was confirmed by the high court in the 2001 case of Danial Latifi.
The landmark judgment in the Shah Bano case interpreted personal law and also insisted on the need for a Uniform Civil Code (UCC) to address the issue of gender equality.
It laid the foundation for equal rights for Muslim women in marriage and divorce.
Initially, Bano had gone to court to seek maintenance from her divorced husband, who had granted her 'talaq' (divorce).
The legal battle, which began in a district court, ended with the famous ruling handed down by a five-judge constitutional bench of the high court in 1985.
In its verdict delivered on Wednesday, a bench of Justices B V Nagarathna and Augustine George Masih noted that the Shah Bano judgment had comprehensively addressed the issue of maintenance regarding the obligation of a Muslim husband towards his divorced wife who is also unable to support herself. same. her after having been divorced or having requested it.
"The court (in Shah Bano case) unanimously concluded that the obligation of such a husband would not be affected by the existence of any personal law in this regard and that independent remedy for seeking maintenance under Section 125 of CrPC 1973 is always available "said the court.
He said the Shah Bano verdict also observed that even assuming that there is some conflict between the provisions of secular and personal law with respect to maintenance sought by a divorced wife, Section 125 of the CrPC will have an overriding effect.
The court said the 1985 verdict explained that a wife has been conferred the right to refuse to live with her husband if she has entered into another marriage, let alone three or four more marriages.
