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1985 Supreme(SC) 145

E. S. VENKATARAMIAH, Y. V. CHANDRACHUD, O. CHHINNAPPA REDDY, D. A. DESAI, RANGANATH MISRA
Mohd. Ahmed Khan – Appellant
Versus
Shah Bang Begum – Respondent


Advocates:
ASHOK MAHAJAN, DANIAL LATIF, MOHD.YUNUS SALIM, N.A.SIDDIQUI, P.GOVINDAN NAYAR, S.A.SYED, S.K.Gambhir, S.N.Singh, S.T.DESAI, SANGITA AGARWAL, SHAKEEL AHMAD SYED, SUNITA KRIPLANI, T.N.Singh

Judgement Key Points

Based on the provided legal document, the key facts relevant to the legal query are as follows:

The case involves a Muslim woman who was married and later divorced by her husband. The husband had previously paid a sum of money called Mahr at the time of marriage, which is a customary obligation under Muslim Personal Law. After divorce, the husband argued that his obligation to maintain the wife was limited to the period of iddat, the waiting period following divorce, and that there was no ongoing obligation to provide maintenance once this period expired, especially since the wife was unable to maintain herself (!) (!) .

The woman filed an application for maintenance under a statutory provision that provides a quick and summary remedy for individuals unable to maintain themselves, regardless of their religion. The law explicitly includes divorced women who have not remarried within its scope, and the provisions are designed to be secular, cutting across religious personal laws (!) (!) .

The core issue is whether the statutory obligation to provide maintenance extends beyond the period of iddat for a divorced Muslim woman who is unable to support herself, and whether this statutory obligation conflicts with or is overridden by Muslim Personal Law. The law recognizes that, even under Muslim Personal Law, a divorced woman who cannot maintain herself remains entitled to seek maintenance from her former husband under the statutory law (!) .

Additionally, the law emphasizes that the obligation to maintain close relatives, including a divorced wife unable to support herself, is rooted in societal moral duties rather than religious doctrine. The definition of "wife" in the statutory law includes a divorced woman who has not remarried, and this inclusion is intended to be comprehensive and secular (!) (!) .

The case also considers the interpretation of religious texts, which support the obligation of Muslim husbands to provide for their divorced wives, indicating that the obligation is not limited to the period of iddat but extends as long as the wife remains unable to support herself (!) (!) .

In summary, the facts establish that the statutory law provides a secular, inclusive framework that mandates maintenance for a divorced woman unable to support herself, regardless of her religious personal law, and that this obligation is consistent with, and not overridden by, Muslim Personal Law.


Judgment

CHANDRACHUD, CJI.:- This appeal does not involve any question of constitutional importance but, that is not to say that it does not involve any question of importance. Some questions which arise under the ordinary civil and criminal law are of a far-reaching significance to large segments of society which have been traditionally subjected to unjust treatment. Women are one such segment. "Na stree swatantramarhati" said Manu, the law giver : The woman does not deserve independence. And. it is alleged that the fatal point in Islam is the degradation of woman Selections from Kuran - Edward William Lane 1843, Reprint 1982, page XC (Introduction). To the Prophet is ascribed the statement, hopefully wrongly, that Woman was made from a crooked rib, and if you try to bend it straight; it will break; therefore treat your wives kindly.

2. This appeal, arising out of an application filed by a divorced Muslim woman for maintenance under section 125 of the Code of Criminal Procedure, raises a straightforward issue which is of common interest not only to Muslim women, not only to women generally but, to all those who, aspiring to create an equal society of men and women, lure themselves i
































































































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