That a Muslim woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, beyond the iddat period was laid down by the Supreme Court in the case of ___________.

The correct answer is 'Mohd. Ahmed Khan v. Shah Bano Begum'

Key Points

• Mohd. Ahmed Khan v. Shah Bano Begum Case:
  • This landmark judgment by the Supreme Court of India in 1985 dealt with the issue of maintenance for divorced Muslim women under Section 125 of the Code of Criminal Procedure, 1973.
  • Shah Bano, a 62-year-old Muslim woman, filed a petition for maintenance from her husband, Mohd. Ahmed Khan, after being divorced.
  • The court ruled that a Muslim woman is entitled to maintenance under Section 125 of the CrPC even beyond the iddat period, which is the traditional post-divorce waiting period prescribed under Islamic law.
  • The judgment emphasized that the provision under Section 125 is applicable to all citizens irrespective of religion and was aimed at preventing destitution and ensuring justice for all women.
  • This decision sparked debates and led to the eventual enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which modified the rights of Muslim women post-divorce.

Additional Information

• Incorrect Options:
  • Khatoon Begum v. Union of India: This case does not pertain to the issue of maintenance for Muslim women under Section 125 of the CrPC. It may involve other legal aspects unrelated to the topic.
  • Jamaat-e-Islami Hind v. Union of India: This case revolves around the banning of the Jamaat-e-Islami Hind and does not address issues related to maintenance for Muslim women.
  • Shayara Bano v. Union of India: This is a significant case involving the issue of triple talaq (instant divorce in Islam) and its constitutional validity. However, it does not deal with maintenance under Section 125 of the CrPC.
• Impact of Shah Bano Judgment:
  • The Shah Bano case remains one of the most debated judgments in India's legal history, as it highlighted the conflict between personal laws and the secular provisions of the Indian Constitution.
  • It led to widespread discussions on women's rights, secularism, and the role of religion in lawmaking.
  • The judgment's aftermath saw the Muslim Women (Protection of Rights on Divorce) Act, 1986 being enacted, which sought to address the concerns of the Muslim community while ensuring justice for divorced women.