SC Upholds Muslim Women’s Maintenance Rights After Shah Bano Case

The recent Supreme Court decision emphasized that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the CrPC, evoking memories of the pivotal Shah Bano Begum case in 1985.

Back then, the issue of Muslim women claiming maintenance under the secular Section 125 of the CrPC sparked significant political debate. In the landmark Mohd Ahmed Khan versus Shah Bano Begum case, a Constitution bench unanimously ruled in favor of maintenance rights for Muslim women, causing widespread controversy, particularly regarding a husband’s responsibility beyond the ‘iddat’ period of three months after divorce.

The ruling triggered a national uproar, prompting the Rajiv Gandhi-led government to initially support it, defended by Minister Arif Mohammad Khan in Parliament. However, facing vehement protests from Muslim clergy and the Muslim Personal Law Board, the government reversed its stance, with Minister Z A Ansari opposing the Supreme Court’s decision. This led to Khan resigning from the government, though he currently serves as the governor of Kerala.

In response to the confusion caused by the Shah Bano case, the Rajiv Gandhi government introduced the Muslim Women (Protection of Rights on Divorce) Act in 1986 to clarify the rights of divorced Muslim women. This Act’s constitutional validity was later upheld by the Supreme Court in the 2001 Danial Latifi case.

The Shah Bano judgment was not just a legal precedent but also underscored the necessity for a Uniform Civil Code (UCC) to ensure gender equality in personal laws. It set the stage for equal rights for Muslim women concerning marriage and divorce.

Shah Bano originally sought maintenance from her divorced husband who had pronounced ‘talaq’. What began as a local court battle culminated in a landmark 1985 Supreme Court verdict by a five-judge Constitution bench.

In its recent ruling, the Supreme Court bench of Justices B V Nagarathna and Augustine George Masih reaffirmed the principles laid down in the Shah Bano case, emphasizing that a Muslim husband’s obligation to provide maintenance to his divorced wife, who cannot support herself, remains intact under Section 125 of the CrPC, unaffected by any personal laws.

This latest decision thus continues the legacy of the Shah Bano case in securing maintenance rights for Muslim women under broader legal provisions.