Personal laws cannot override statutory rights relating to subsistence and welfare: The Case of Mohd. Ahmed Khan v. Shah Bano Begum & Others, 1985 SCR (3) 844

Mohd. Ahmed Khan v. Shah Bano Begum & Others, 1985 SCR (3) 844

Supreme Court of India, 1985

1. Background and Significance

The Shah Bano case is one of the most important judgments in Indian family law and constitutional law. It involved a Muslim woman’s claim for maintenance (alimony) from her husband after divorce. The case sparked nationwide debate concerning:

• Muslim Personal Law
• Women’s rights under secular criminal law
• The relationship between the Constitution and religious personal laws
• The idea of a Uniform Civil Code (UCC) under Article 44 of the Indian Constitution

It remains a cornerstone case for discussions on gender justice and legal reforms.

2. Facts of the Case

• Shah Bano, a 62-year-old Muslim woman, was divorced by her husband, Mohd. Ahmed Khan, through talaq (triple divorce) after more than 40 years of marriage.
• Khan stopped providing maintenance, arguing that under Muslim Personal Law, he only had to pay mehr and maintenance during the iddat period (a short period post-divorce).
• Shah Bano filed an application under Section 125 of the Code of Criminal Procedure (CrPC)—a secular provision applicable to all citizens—seeking monthly maintenance.
• Khan argued that because both parties were Muslim, the matter should be governed exclusively under Muslim Personal Law, not secular criminal law.

3. Issues Before the Court

1. Does Section 125 CrPC apply to Muslim women, or are they governed solely by Muslim Personal Law?
2. Can a divorced Muslim woman claim maintenance beyond the iddat period under secular law?
3. What is the relationship between constitutional rights, personal laws, and the State’s obligation to move toward a Uniform Civil Code?

4. Arguments

Husband’s Arguments

• Muslim Personal Law limits responsibility for a divorced woman to iddat and mehr.
• Section 125 CrPC should not override religious law.
• After talaq and payment of mehr, no further obligation existed.

Wife’s Arguments

• Section 125 CrPC is religion-neutral.
• A divorced woman unable to maintain herself is entitled to maintenance, irrespective of religion.
• Personal law cannot deprive her of constitutional protections and statutory remedies.

5. Holding (Decision)

The Supreme Court held that:

1. Section 125 CrPC applies to all citizens, including Muslims.

Religion is irrelevant—the provision is a social justice measure to prevent destitution.

2. A divorced Muslim woman is entitled to maintenance beyond the iddat period if she cannot maintain herself.

The husband's statutory obligation continues until she is able to maintain herself.

3. Muslim Personal Law does not conflict with this conclusion.

The Court held that Muslim law requires fair treatment and does not prohibit post-iddat support in certain forms.

4. Strong observation on the need for a Uniform Civil Code (UCC).

The Court criticized government inaction and noted that India should move toward a UCC to achieve national unity and gender equality.

6. Reasoning

1. Criminal law prevails over personal laws where social welfare is involved

Section 125 CrPC is a criminal procedural law aimed at preventing vagrancy and destitution.
It cannot be eclipsed by religious personal law.

2. Purpose of maintenance laws is protection, not interference with religion

The Court emphasized that maintenance is for survival, not for regulating religious practices.

3. Personal law itself does not bar extended maintenance

The Court interpreted Islamic principles in a progressive light, stating that the Qur’an encourages fair treatment and financial support for divorced women.

4. Constitutional principles demand gender justice

The Court referred to Articles:

• 14 (Equality)
• 15 (Non-discrimination)
• 21 (Right to life and dignity)

These reinforce the rights of women to financial protection after divorce.

7. Legal Principle Established

• Section 125 CrPC is a secular, overriding provision that applies to all Indian citizens, regardless of religion.
• A divorced Muslim woman has the right to claim maintenance beyond the iddat period.
• Personal laws cannot defeat statutory law designed for social justice.

8. Aftermath and Legislative Response

The judgment sparked intense political and religious debate.
In response, the Government enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, which attempted to limit Shah Bano–style maintenance but was later read expansively by courts to preserve women’s rights (Danial Latifi v. Union of India, 2001).

9. Academic Importance

The case is crucial in the study of:

• Conflict between secular law and personal law
• Gender justice in family law
• Constitutional interpretation (especially Article 44 and UCC)
• Judicial activism in social matters
• Evolution of maintenance rights of divorced women in India

10. Legal Advisory Significance (For Practitioners & Clients)

• Lawyers advising Muslim women can rely on Section 125 CrPC for maintenance claims, irrespective of personal law restrictions.
• Clients should be informed that personal laws cannot override statutory rights relating to subsistence and welfare.
• The case forms strong precedent supporting women’s rights in maintenance disputes.
• Even after the 1986 Act, courts continue to interpret the law to ensure fair protection for divorced Muslim women.