Shah Bano Begum Case

 SHAH BANO BEGUM CASE

Mohd. Ahmed Khan v. Shah Bano Begum usually known as the Shah Bano case, turned into a arguable preservation lawsuit in India, wherein the ideal court introduced a judgment favouring maintenance given to an aggrieved divorced Muslim girl. Then the Congress authorities enacted a regulation with its maximum controversial thing being the right to protection throughout iddat after the divorce, and shifting the onus of maintaining her to her spouse and children or the Waqf Board. It turned into visible as discriminatory as it denied proper to primary protection available to Muslim Women under secular regulation.

In 1972, Shah Bano, a Muslim woman, changed into married to Mohammed Ahmad Khan, an affluent and endorse in Indore, Madhya Pradesh, and had 5 youngsters from the marriage. After 14 years, Khan took a more youthful woman as 2nd spouse and after years of residing with each other halves, he divorced Shah Bano, who was then aged 62 years. In April 1978, when Khan stopped giving her the ₹two hundred in step with month he had seemingly promised, claiming that she had no method to guide herself and her children, she filed a crook healthy at a neighbourhood court in Indore, in opposition to her husband under phase 125 of the Code of criminal system, asking him for a preservation amount of ₹500 for herself and her kids. In November 1978 her husband gave an irrevocable talaq (divorce) to her which become his prerogative underneath Islamic regulation and took up the defence that for this reason Bano had ceased to be his wife and consequently he changed into underneath no responsibility to offer maintenance for her as besides prescribed beneath the Islamic law which became in total ₹five,four hundred.[15] In August 1979, the nearby courtroom directed Khan to pay a sum of ₹25 according to month to Bano by using manner of renovation. On 1 July 1980, on a revisional application of Bano, the excessive court docket of Madhya Pradesh superior the quantity of renovation to ₹179.20 in step with month. Khan then filed a petition to appeal earlier than the excellent court claiming that Shah Bano isn't his duty anymore because Mr. Khan had a 2d marriage which is also authorised below Islamic regulation

Though the court took a long time the selection of rejecting the attraction may be very historical because it maintains up the truth and religion of the people inside the judiciary. This judgment has marked the significance of preservation which need to receive to the divorced Muslim girls who are not in the situation to earn and preserve themselves. The Shah Bano judgment pulled in a number of opposition with authoritative our bodies being towards the selection for the reason of it being in opposition to the provisions of Islamic regulation, however SC exceeded the impartial judgment and at closing, it had maintained the accept as true with and religion of citizens within the judiciary. This result in enactment of the Muslim girls (protection of Rights on Divorce) Act, 1986 which given Muslim ladies receiving a huge, one-time fee from their husbands amid the length of Iddat, rather than a most month to month fee of ₹500 – an top restriction which has since been expelled.