Mohd. Ahmed Khan V.

Shah Bano Begum

ISSUES

1. Does sec 125 of CrPC apply to muslim women?

2.Whether the payment of Mehr by the husband on divorce is sufficient enough to rid him of any duty
to pay maintenance to the wife.

RULE

#Sec.125 of CrPC was invoked to provide maintenance to the wife.

#sections of Quran, a part of the muslim personal laws were invoked to prove that it is the Responsibility
of tje husband to maintain the wife

ANALYSIS

1.It was held that Section 125 of the code is truly secular in character. It was enacted to provide quick
and summary remedy to the class of persons who are unable to maintain themselves.Irrespective of the
person being of any religion sec 125 is applicable because it is a part of Criminal Procedure Court and
not Civil Laws.The rights conferred by Section 125 can be exercised irrespective of Personal Law of the
Parties.

2. Mehr amount is not a payment for divorce but instead considered to be an amount that the wife is
entitled to as consideration for marriage. The mere fact the Mehr amount was paid at the time of
dissolution of marriage did not mean that it was paid because the marriage was being dissolved. The
court even proved this point by interpreting the sections of the Quran that said a man who believed in
Allah and was a true Muslim had a duty to maintain his wife with dignity as she was now his
responsibility.

CONCLUSION

The Court held that the payment of Mehr was no bar to the Court awarding maintenance . The Supreme
Court thus allowed maintenance of Rs.179.20 per month.
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