Background:
In 1932, Shah Bano, a Muslim woman, was married to Mohammed Ahmad Khan, an affluent and well-known advocate in Indore, Madhya Pradesh, and had five children from the marriage. After 14 years, Khan took a younger woman as second wife and after years of living with both wives, he threw Shah Bano, who was then aged 62 years, and her five children out. In April 1978, when Khan stopped giving her the ₹200 per month he had apparently promised, claiming that she had no means to support herself and her children, she filed a petition at a local court in Indore, against her husband under section 125 of the Code of Criminal Procedure, asking him for a maintenance amount of ₹500 for herself and her children. On November 1978 her husband gave an irrevocable talaq (divorce) to her which was his prerogative under Islamic law and took up the defence that hence Bano had ceased to be his wife and therefore he was under no obligation to provide maintenance for her as except prescribed under the Islamic law which was in total ₹5,400. In August 1979, the local court directed Khan to pay a sum of ₹25 per month to Bano by way of maintenance. On 1 July 1980, on a revisional application of Bano, the High Court of Madhya Pradesh enhanced the amount of maintenance to ₹179.20 per month. Khan then filed a petition to appeal before the Supreme Court claiming that Shah Bano is not his responsibility anymore because Mr. Khan had a second marriage which is also permitted under Islamic Law.
Introduction:
This is a landmark judgement in securing the rights of Muslim women on the maintenance field. A provision was applied in terms of uniform civil code.
Fact of the case:
- An application was made under Section 125 in regards to maintenance granted to a wife who is unable to maintain herself. Wife includes a women who has been divorced or has obtained divorce and not remarried.
- The Appellant was a advocate by Profession married to Respondent in 1932. They begot 3 sons and 2 daughters out of the Marriage.
- In 1975 the appellant drove the respondent out of the home. In 1978 respondent filed a petition under Section 125 of Crpc, in JMFC Indore for maintenance.
- In 1978 the appellant divorced the respondent by irrevocable Talak and took up the defence that since she is no more a wife he has no obligation to provide maintenance to her as he has already paid Rs.200 per month for 2 years in a manner of Dower during the period of Iddat.
- In 1979 the Magistrate directed to pay a sum of Rs.25 per month to the respondent by way of maintenance.
- The High Court of Madhya Pradesh enhanced the amount to Rs.179.20 per month.
- The Husband made a special writ petition to Supreme Court.
Judgement :
1. It was held that Section 125 of the code is truly secular in character. It was enacted to provide quick and summary remedy to the class of persons who are unable to maintain themselves.
2. Irrespective of the person being of any religion sec 125 is applicable because it is a part of Criminal Procedure Court and not Civil Laws.
3. Neglect by a person of sufficient means to not give maintenance to any dependants leads to invoking of 125.
4. The rights conferred by Section 125 can be exercised irrespective of Personal Law of the Parties.
5. In this case Husband Liabilities to provide maintenance doesn’t get limited into the foundation of time period of Iddat but as long as the wife is unable to maintain herself or remarried even though Iddat period is over.
BY: PALAK GOEL