SANDIP UNIVERSITY, SCHOOL OF LAW

Name of the student – JINAL

MAHENDRA SHAH

Subject - Comparative
Public Law

Code – CIA 1B, SEMSETER I

Course Name – Corporate and Commercial Law

PRN Number - 200104151008

Name of the topic – MOHD AHMAD KHAN vs. SHAH

BANO BEGUM – AIR 1985 SCRs (3) 844 – TRIPLE
TALAQ LANDMARK CASE

Submitted To: Submitted

By PROF. PRAFULLA LELE JINAL M. SHAH

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 INTRODUCTION
Mohd. Ahmad Khan V/S Shah Bano Begum is a
Landmark case which has managed the issue of "Triple
Talaq Decision". This case is ordinarily referenced as
"Shah Bano Case". It is viewed as a truly begging to be
proven wrong and risky legitimate challenge in India.
This claim has validated to be an achievement in the
battle of rights, freedom for the Muslim ladies. It is
about Shah Bano daring and fearless battle against the
arrangement of Triple Talaq. Rather than making a set
of experiences or story of stifled ladies she confronted
the humiliations of the local area and her better half.
Despite the fact that she was confronting a particularly
uncommon circumstance in her life she chose to battled
against her better half and confronted the existence
where everybody was agreeable to her significant other,
or more all she courageously chose to battle against the
male-ruled society. She battled against the system of
Triple Talaq and finally her endeavours not went in
vain, she was able to accomplish what she wanted and
has altered the framework endlessly.

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 BRIEF FACTS OF THE CASE
The facts of this case are given beneath:-
# In 1932, Shah Bano was hitched to Mohd. Ahmad khan,
who was a well-known lawyer in Indore.
# They were the guardians of 3 children and 2 little girls
for example in all out they have 5 youngsters.
# After 14 years, of their marriage Shah Bano's husband
wedded another lady who was more youthful than him.
# In 1975, when Shah Bano age was of 62 years, she was
abandoned by her better half and was tossed out from
her wedding home alongside her youngsters.
# In April 1978, she brought an appeal under Sec. 125 of
code of criminal procedure, 1973 (CrPC) within the sight
of Judicial Magistrate of Indore after when she was
discarded from her marital home by her significant
other.
# Shah Bano filled this suit in 1978 on the grounds that
her better half has deserted her from the maintenance
of Rs. 200 every month which he ensured to give.
# A spouse who is with no pay and is disregarded by her
better half is entitled for maintenance, which
incorporates a separated wife who isn't remarried.

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# In Nov. 1978, he gave divorce to his better half Shah
Bano by articulating or expressing "Triple Talaq and it
was irrevocable.
# The contention or struggle between Shah Bano's
youngsters and her better half's other spouse were
crucial explanation or grounds on which separation was
surrendered and outfitted.
# After he articulate irrevocable Triple Talaq, he took a
shield that since due to this separation she has been
ended to be her lawful spouse and because of which he
was not responsible to outfit her with maintenance or
alimony.
# The local court (magistrate) court directed Mohd.
Ahmad to furnish her Rs. 25 every month to Shah Bano
in form of maintenance.
# Shah Bano in July 1908, aside from this, made a
request to High Court of M.P, to modify the measure of
maintenance to Rs. 179 every month.
# Shah Bano's precedent went to Supreme Court and
filled a petition against the decision of High Court of
Madhya Pradesh.
# Her significant other fundamental contention after
separation he can't keep any type of union or
association with his separation spouse since it isn't
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permitted by Islamic laws/Islam and is "Haram" and
subsequently he isn't legitimately responsible to
maintain her better half.

ISSUES
# Whether Section 125 of the Code of Criminal
Procedure is worried about Muslims or not.

# Whether the amount of Mehr given by the spouse on

separation is sufficient to get the husband freed and is
liable to maintain his better half or not.

# Whether Uniform Civil Code applies to all religions.

JUDGEMENT
The decision of Shah Bano case was passed on by C.J,
CHANDRACHUD.

# All India Muslim Personal Law Board and Jamiat

ulema-e-Hind were the two Muslim Bodies accompanied
with the lawsuit as an intervener.

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# on 3rdFeb. 1981, Supreme Court gave a similar end for
this situation and ousted the supplication of Mohd.
Ahmad Khan and approved the decision of High Court.

# The court held that Section 125[3] of Code of Criminal

Procedure requested to Muslims as well, without any
sought of discrimination.

# Supreme Court in this case held that, since obligation

of Muslim spouse towards her separated from wife is
restricted to the degree of " Iddat" period , despite the
fact that the present circumstance doesn't ponders the
standard of law that is mentioned in Section 125 of
CrPc.,1973[4]

# According to Supreme Court this rule as per Muslim

Law was against mankind or wasn't right on the grounds
that here a separated from spouse was not in a condition
to look after herself.

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# Thus toward the end, after long procedure court at last
reasoned that the spouse legal liability will come to an
end if divorced wife is capable to look after herself.

# But the present circumstance will be turned around

for the situation when spouse is not in a condition to
finance or maintain herself after the Iddat period, she
will be entitled to receive maintenance or alimony
under Section 125 of CrPc.
Muslim Women (Protection of Rights on Divorce) Act,
1986:-
The judgment given in Shah Bano Case was scrutinized
among Muslims and as per them this decision was in
clash with the principles of "Quran" and "Islamic
Laws/Islam". So Parliament of India in 1986, (Congress
govt.) chose to establish the Muslim ladies (Protection of
Rights of Divorce) Act, 1986. The principle objective of
this act was to secure the right of the divorced Muslim
women or potentially to the individuals who have been
separated from their husband. The enactment of this act
was done by government of Rajiv Gandhi, to discredit
the decision/order passed by Supreme Court in Shah
Bano Begum Case. As per this act, Muslim separated
ladies should be entitling to adequate and sensible
amount of maintenance till the Iddat period. At the point
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when a divorced lady keeps a kid conceived by her
whenever previously or after the separation, the spouse
is under lawful commitment to give a specific measure
of maintenance for the kid to a time of 2 years. From the
birth date of a kid. The lady is additionally approved to
get "Mahr" or "dower" and get back all the properties or
home which is given to her by her folks, companions,
family members, spouse or husband's companions. If
such advantages are not received by the divorced
Muslim lady from her previous spouse, she can apply to
magistrate for ordering him to provide her
maintenance/alimony or measure of "Mahr" or dower
or her home or properties.

CRITICAL ANALYSIS
In the case of Mohd. Ahmad Khan V/S Shah Bano Begum,
the Supreme Court explicitly underlined that Triple
Talaq can't remove the upkeep right of a separated
Muslim ladies who aren’t in a condition to keep up
herself or her youngsters when she is abandoned or
separated by her better half. The time frame when the
decision of Shah Bano Case was conveyed by the
Supreme Court it confronted a ton of analysis. By then of
time Muslim ladies climate wedded or unmarried were
not given opportunity even they were suspended from

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that point basic freedom, which is against mankind and
it essentially abuses the fundamental or central
privileges of people. Muslim ladies were in reverse in
their status when contrasted with different ladies of the
world. They were not educated and independent when
contrasted with different ladies. They confronted
significant issues which prompted the decline in their
degree of self-assurance and their insight in different
orders. Alongside these things they were not permitted
to contemplate or teach themselves and they were
likewise denied to work either. Since they confronted
every one of these things from their very youth it was
common that they in their troublesome time can't make
money and can keep up themselves so for them
provision or upkeep was genuinely necessary. Shah
Bano case was an ordinary case much the same as
different instances of support which has occurred and
furthermore the decision that was finished up by
Supreme Court was likewise like the past claims yet the
two stripped truth that was seen for this situation
presented this defence a milestone judgment case and
the two bare truth was-initially, spirituality of religious
personal laws was criticized and afterward it was
questioned whether Uniform Civil Code is applied to all
religion and their devotees and also, regardless of

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whether Criminal Procedure Code is applied to personal
religious laws.

CONCLUSION:-

This was the case of a Triple Talaq decision which as

indicated by me was a historic decision as it keeps up
reality and confidence of individuals in the legal
judiciary as for this situation, "Justice and Equality has
overcome religion". As indicated by me this lawsuit was
achievement in legal judiciary as it was courageous,
striking, unprejudiced and interesting choice. This
judgment has denoted the significance of support which
ought to be given to the separated Muslim ladies who
are not in the condition to procure and look after
themselves. Despite the fact that the decision of Shah
Bano case given by the Supreme Court was discredit by
the support of Muslim Women Act, the court held in
additional decision's that separated Muslim ladies,
under Section 125 of Criminal Procedure Code can
affirm upkeep or support from their previous spouse, or
apart from this divorced Muslim ladies can affirm or
guarantee for round some cash or sum under Muslim
Women Act. The Supreme Court despite the fact that
after filthy governmental issues passed the judgment
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that was fair-minded and finally it had kept up the trust
and confidence of residents in legal judiciary.

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