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1985 Supreme(Online)(SC) 20

CHANDRACHUD, Y.V. ((CJ),DESAI, D.A.,REDDY, O. CHINNAPPA (J),VENKATARAMIAH, E.S. (J),MISRA RANGNATH
MOHD. AHMED KHAN – Appellant
Versus
SHAH BANO BEGUM AND ORS. – Respondent


Advocates:

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points relevant to your inquiry:

  1. The legal provisions related to maintenance under Section 125 of the Criminal Procedure Code apply to all persons, regardless of religion, including Muslim women, and include divorced women who have not remarried (!) (!) .

  2. The definition of "wife" in Section 125 includes a woman who has been divorced by or has obtained a divorce from her husband and has not remarried, and this definition is not limited by religion (!) (!) .

  3. The right to maintenance under Section 125 is a secular and gender-neutral provision intended to prevent vagrancy and destitution, and it overrides personal laws if there is a conflict (!) (!) .

  4. Under Muslim Personal Law, the husband's obligation to maintain a divorced wife is generally limited to the period of 'iddat', and Mahr (dower) is a separate obligation that is not necessarily payable 'on divorce' but as a mark of respect, and its payment does not automatically extend beyond the period of 'iddat' (!) (!) (!) (!) (!) (!) .

  5. The obligation of the Muslim husband to provide maintenance to a divorced wife who is unable to maintain herself continues beyond the period of 'iddat' if the wife is indigent and unable to support herself, and this obligation is reinforced by the provisions of Section 125 (!) (!) .

  6. The Muslim Personal Law recognizes the importance of Mahr as a form of respect and a customary obligation, but it does not, by itself, impose a continued obligation for maintenance after divorce if the wife is capable of supporting herself (!) (!) .

  7. The law explicitly states that the obligation to pay maintenance is applicable only if the wife is unable to maintain herself, regardless of the personal law governing the marriage (!) .

  8. The provisions of Section 125 are intended to be independent of personal laws and are applicable to all, including Muslims, to ensure the maintenance of those unable to support themselves (!) (!) .

  9. The legal interpretation emphasizes that the obligation to maintain a divorced wife is not limited to the period of 'iddat' if she cannot support herself, and the Muslim Personal Law does not negate the applicability of Section 125 in such circumstances (!) .

  10. The law aims to promote social justice and gender equality, ensuring that divorced women who are indigent have a right to maintenance, irrespective of their personal law or religious practices (!) (!) .

If you need further clarification or legal advice tailored to your specific case, please let me know.


HEADNOTE:

Under section 125 (1) (a), if any person, having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of his wife at such monthly rate not exceeding five hundred rupees in the whole. Under Explanation (b) thereunder ’ wife" includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. Under the explanation below sub section 3 of section 125, if a husband has contracted marriage with another woman or keeps a mistress it shall be considered to be a just ground for his wife’s refusal to live with him. Keeping this in view, if in the trial arising out of an application made under section 125, and if the husband offers to maintain his wife on condition of living with him, the Magistrate may consider any of the grounds of the wife’s refusal to live with her husband before ordering the maintenance. Under section 127 (3) (b), the Magistrate shall cancel the order passed by him under section 125, in favour of a woman who has been divorced by, or has obtained a div

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