Author: Chapati Meghna, sri padmavati mahima viswavidhyalam
To the point:
According to point of the case about divorce and conservation of the Muslim women.Shah Bano Begum, from Indore, Madhya Pradesh, was disassociated by her hubby in 1978. She fileda felonious suit in the Supreme Court of India, in which she won the right to alimony from her hubby. still, some Muslim politicians mounted a crusade for the verdict’s abolition. The judgement in favour of the woman in this case elicited examens among Muslims, some of whom cited the Qur’an to show that the judgement was in conflict with Islamic law.It touched off contestation about the extent of having different civil canons for different persuasions in The case caused the Congress government, with its absolute maturity, to pass the Muslim Women( Protection of Rights on Divorce) Act, 1986, which adulterated the judgment of the Supreme Court and confined the right of Muslim divorcées to alimony from their former misters for only 90 days after the divorce( the period of iddah in Islamic law). still, in latterly judgements including the Danial Latifi v. Union of India case and Shamima Farooqui v. Shahid Khan, the Supreme Court of India interpreted the act in a manner cheering the validity of the case and accordingly upheld the Shah Bano judgement, and The Muslim Women(Protection of Rights on Divorce) Act 1986 was annulled. Some Muslims, including the All-India Shia Personal Law Board, supported the Supreme Court’s order to make the right to conservation of a separated Muslim woman absolute.
Use of legal Jargon:
It’s the use of legal provision The verdict of Shah Bano case was delivered by Chief Justice Y.C. Chandrachud and it redounded in the redundancy of Mohd. Ahmed Khan’s appeal. The Supreme Court ruled that Section 125 of the Code of Criminal Procedure applied to all citizens, irrespective of their religion, without demarcation. The court clarified that Section 125( 3) of the Code of Criminal Procedure was applicable to Muslims as well. It was emphasised that in case of any conflict between Section 125 and Muslim Personal Law, Section 125 prevailed.
The Supreme Court in Shah Bano case concluded that a Muslim hubby’s obligation to give conservation to a separated woman who was unfit to support herself extended beyond the iddat period, as specified in the Muslim Personal Law. The court expressed that this rule in Muslim Law was inhuman or incorrect because it left a separated woman in a situation where she could n’t support herself.
The court also stated that the payment of Mehar( a sum paid by the hubby on divorce) was n’t sufficient to vindicate him of the responsibility to give conservation to his woman .
After a thorough legal process, the Supreme Court eventually ruled in Shah Bano case that a hubby’s legal obligation would cease if the separated woman could support herself. still, this obligation would be reinstated if the woman remained unfit to support herself after the iddat period and she’d be entitled to admit conservation or alimony under Section 125 of the Code of Criminal Procedure.
The Proof:
Then are some crucial documents and attestations related to the Shah Bano case
Court Documents
1. * Supreme Court Judgment( 1985) * The judgment delivered by the Supreme Court on April 23, 1985, in the case of Mohd. Ahmed Khan v. Shah Bano Begum.
2. * High Court Judgment( 1980) * The judgment delivered by the Madhya Pradesh High Court on August 28, 1980, in the case of Shah Bano Begum v. Mohd. Ahmed Khan.
3. * Lower Court Judgment( 1979) * The judgment delivered by the Indore Magistrate’s Court on November 1, 1979, in the case of Shah Bano Begum v. Mohd. Ahmed Khan.
Legislative Documents
1. * Muslim Personal Law( Shariat) Application Act, 1937 * An act that applies Muslim particular law to Muslims in India.
2. * Criminal Procedure Code( CrPC), 1973 * A law that provides for the conservation of women , children, and parents who are unfit to maintain themselves.
3. * Muslim Women( Protection of Rights on Divorce) Act, 1986 * An act legislated in response to the Shah Bano case, furnishing for the protection of rights of Muslim women who have been disassociated.
particular Documents
1. * Shah Bano’s Affidavit( 1979) * An affidavit filed by Shah Bano in the Indore Magistrate’s Court, stating her case for conservation.
2. * Mohd. Ahmed Khan’s Affidavit( 1979) * An affidavit filed by Mohd. Ahmed Khan in the Indore Magistrate’s Court, responding to Shah Bano’s claim for conservation.
Other Documents
1. * review papers( 1985) * review papers published in 1985, reporting on the Supreme Court’s judgment in the Shah Bano case.
2. * Administrative Debates( 1986) * Administrative debates held in 1986, agitating the Muslim Women( Protection of Rights on Divorce) Act.
Abstract :
Mohammad . Ahmedabad khan vs shabanu begam.
Shabanu begam was married Ahmedabad khan in 1932. She has 3 sons and 2 daughters . Her husband was rejected her and along with children from her martial home. In 1978 she was filled judicial magistrate because she has not taken to without monthly maintenance . Her husband has to be supposed monthly maintenance 200 . She has requested to increase 500 rupees for monthly maintenance .
Later, her husband was said 3 times triple taluk November 6th 1978. He has stopped to pay her maintenance. Magistrate was ordered for he you have to must pay maintenance for 25 rupees. In 1980. she has appealed for high court in Madhya Pradesh to increase for maintenance 179 rupees. The high will be granted and the high court for leaved special petition for supreme court.
Case laws:
Then are some analogous conservation case laws in India
analogous conservation Case Laws
* 1. Danial Latifi v. Union of India( 2001) *
– The Supreme Court upheld the validity of the Muslim Women( Protection of Rights on Divorce) Act, 1986.
– The court held that the Act was legislated to cover the rights of Muslim women who have been disassociated.
* 2. Shamima Farooqui v. Shahid Khan( 2015) *
– The Supreme Court held that a Muslim woman is entitled to conservation from her hubby indeed after divorce.
– The court observed that the Muslim Women( Protection of Rights on Divorce) Act, 1986, provides for the protection of rights of Muslim women who have been disassociated.
* 3. Naseema v. State of Kerala( 2018) *
– The Kerala High Court held that a Muslim woman is entitled to conservation from her hubby indeed after divorce.
– The court observed that the Muslim Women( Protection of Rights on Divorce) Act, 1986, provides for the protection of rights of Muslim women who have been disassociated.
* 4. Noor Saba Khatoon v. Mohd. Quamaruzzaman( 2019) *
– The Allahabad High Court held that a Muslim woman is entitled to conservation from her hubby indeed after divorce.
– The court observed that the Muslim Women( Protection of Rights on Divorce) Act, 1986, provides for the protection of rights of Muslim women who have been disassociated.
* 5. Shabana Bano v. Imran Khan( 2020) *
– The Supreme Court held that a Muslim woman is entitled to conservation from her hubby indeed after divorce.
– The court observed that the Muslim Women( Protection of Rights on Divorce) Act, 1986, provides for the protection of rights of Muslim women who have been disassociated.
These cases demonstrate the elaboration of conservation laws in India, particularly for Muslim women, and punctuate the significance of guarding their rights.
Conclusion
In Shah Bano case, Shah Bano sought conservation from her hubby under Section 125 of the Code of Criminal Procedure. This case raised pivotal questions about the conservation of Muslim particular law and the clash between particular laws and a invariant civil law.
The Supreme Court ruled in favour of Shah Bano, stating that Section 125 applied to Muslims as well, icing conservation beyond the iddat period. This decision in Shah Bano case led to the enactment of the Muslim Women( Protection of Rights on Divorce) Act in 1986, which faced review for limiting conservation rights. The case significantly impacted the legal geography and conversations on Muslim women’s rights in India.
FAQ Then are some constantly asked questions( FAQs) and answers related to the Shah Bano case
FAQs
* 1. What was the Shah Bano case about? *
The Shah Bano case was a corner Supreme Court judgment in India that dealt with the issue of conservation for a separated Muslim woman.
* 2. Who was Shah Bano? *
Shah Bano was a 62- time-old Muslim woman who was disassociated by her hubby, Mohammed Ahmed Khan, in 1978.
* 3. What was the main issue in the case? *
The main issue in the case was whether Shah Bano was entitled to conservation from herex-husband under Section 125 of the Criminal Procedure Code( CrPC).
* 4. What was the Supreme Court’s judgment? *
The Supreme Court held that Shah Bano was entitled to conservation from herex-husband under Section 125 of the CrPC.
* 5. What was the impact of the judgment? *
The judgment sparked wide contestation and debate, with numerous Muslims arguing that the court had obtruded with Muslim particular law.
* 6. What was the government’s response to the judgment? *
The government responded by making the Muslim Women( Protection of Rights on Divorce) Act, 1986, which adulterated the Supreme Court’s judgment.
* 7. What are the counteraccusations of the Shah Bano case? *
The Shah Bano case has significant counteraccusations for women’s rights and gender equivalency in India, pressing the need for a invariant civil law and the protection of women’s rights under the Constitution.
* 8. Is the Shah Bano case still applicable moment? *
Yes, the Shah Bano case remains applicable moment, as it continues to impact debates on women’s rights, gender equivalency, and the part of particular laws in India.
* 9. What are some of the examens of the Shah Bano case? *
Some critics argue that the Supreme Court’s judgment was an hindrance with Muslim particular law, while others argue that the judgment did n’t go far enough in guarding women’s rights.
* 10. What are some of the assignments learned from the Shah Bano case? *
The Shah Bano case highlights the significance of guarding women’s rights and promoting gender equivalency, as well as the need for a nuanced understanding of the complex connections between law, culture, and religion in India.
