Question Details

The Shah Bano case dealt with-

Options

A

Post-partition rehabilitation of Muslims

B

Maintenance of a Muslim woman from her husband

C

Wakf Board

D

Triple Talaq

Show Answer

Correct Answer :

Option B

Maintenance of a Muslim woman from her husband

Solution :

The correct option is Maintenance of a Muslim woman from her husband.

Step-by-Step Explanation:

1. Background of the Case:
The Shah Bano case, officially known as Mohd. Ahmad Khan v. Shah Bano Begum (1985 SCR (3) 844), is a landmark litigation in India. The case began when Shah Bano, a 62-year-old Muslim woman and mother of five, was divorced by her husband, Mohd. Ahmad Khan, through triple talaq. Since she had no independent means of livelihood, she petitioned the court for maintenance (alimony) for herself and her children under Section 125 of the Code of Criminal Procedure (CrPC), which applies to all citizens regardless of religion.

2. The Legal Controversy:
Shah Bano's husband contested the claim, arguing that under Islamic Personal Law (Shariat), he was only obligated to pay maintenance during the period of iddat (approximately three months post-divorce) and the deferred dower (mahr). He argued that Section 125 of the CrPC, a secular civil law, should not override Muslim personal law.

3. The Supreme Court's Ruling:
The Supreme Court of India ruled in favor of Shah Bano. The court held that Section 125 of the CrPC is a secular provision designed to prevent destitution and vagrancy, and it applies to Muslim women as well. It declared that the husband's liability to provide maintenance does not end with the expiration of the iddat period if the divorced wife is unable to maintain herself.

4. Conclusion:
Therefore, the Shah Bano case fundamentally dealt with the maintenance rights of a divorced Muslim woman from her husband, making this the correct option.

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