Mohd. Ahmed Khan v. Shah Bano Begum

Mohd. Ahmed Khan v. Shah Bano Begum
CourtSupreme Court of India
Full case name Mohd. Ahmed Khan v. Shah Bano Begum & Ors.
Decided23 April 1985 (1985-04-23)
Citation1985 (1) SCALE 767; 1985 (3) SCR 844; 1985 (2) SCC 556; AIR 1985 SC 945
Case history
Prior actionCriminal Revision No. 320 of 1979, Madhya Pradesh High Court
Court membership
Judges sittingY. V. Chandrachud, Ranganath Misra, D. A. Desai, O. Chinnappa Reddy, E. S. Venkataramiah
Case opinions
A woman has a right to claim maintenance under Section 125 of CrPC as the Code is a criminal law and not a civil law.
Decision byY. V. Chandrachud (Chief Justice)
Laws applied
Code of Criminal Procedure (CrPC), Muslim Personal Law (Shariat) Application Act, 1937, Indian Penal Code

Mohd. Ahmed Khan v. Shah Bano Begum & Ors. (1985), commonly referred to as the Shah Bano case, was a criminal lawsuit in India, in which the Supreme Court delivered a judgment in favour of providing maintenance (alimony) to an aggrieved divorced Muslim woman, Shah Bano Begum from Indore, who had been divorced by her husband Mohammed Ahmed Khan in 1978.

The All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulema-e-Hind (JUH) mounted a campaign for the verdict's nullification. The judgement in favour of the woman in this case evoked criticisms among Muslims, some of whom cited the Quran to show that the judgement was in conflict with Islamic law. It triggered controversy about the extent of having different personal laws for different religions in India.

The case caused the Congress government under Rajiv Gandhi, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act 1986, which diluted the judgment of the Supreme Court and restricted the right of Muslim divorcées to alimony from their former husbands for only 90 days after the divorce (the period of iddat in Islamic law), shifting the responsibility of maintaining woman to her relatives or the waqf boards. The law was seen as discriminatory as it denied the right to basic maintenance available to Muslim women under secular law. However, in later judgements including the Danial Latifi v. Union of India (2001) case and Shamima Farooqui v. Shahid Khan (2015), the Supreme Court of India interpreted the act in a manner reassuring the validity of the case and consequently upheld the Shah Bano judgement, and The Muslim Women (Protection of Rights on Divorce) Act 1986 was nullified. Some Muslims, including the All India Shia Personal Law Board (AISPLB), supported the Supreme Court's order to make the right to maintenance of a divorced Muslim wife absolute.