The Shah Bano Case

The case of Shah Bano is an example of the historical decision in which it preserves the people's truth and confidence in the justice system. In case Mohd. Ahmad Khan vs. Shah Bano Begum & Ors., Justice and equity have replaced religion. This case is also recognised for the legal-executive conflict at the time. Shah Bano, a courageous woman who fought for justice, after her husband, Mohd Ahmed Khan, tossed her out of her marital home with her five children. She appealed because her husband would not pay her 200/- a month for maintenance as promised. The husband later gave her Triple Talaq and used it as a defence for his case. Mohd Ahmed Khan declined to pay and appealed, even after being ordered by the court to pay for the maintenance. The Supreme Court held that Section 125 extends to all people, regardless of religion, and if a wife does not have adequate means to look after herself. The husband must pay maintenance to his wife even if it continues beyond the iddat time. In my opinion, this trial is a triumph for the brave, bold, unbiased, and exceptional judgement of the judiciary. This decision has emphasised the value of helping divorced Muslim women who are not able to earn and retain themselves.

Written By: Ms. P. Renuka Sai, 2nd Year Law Student, Damodaram Sanjivayya National Law University, Vishakhapatnam, Law Intern at S. Bhambri & Associates (Advocates), Delhi.

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