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CASE COMMENTARY ON MOHD. AHMED KHAN V. SHAH BANO BEGUM

By Anagha P


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Abstract
The case taken for analysis is the Mohd. Ahmed Khan v. Shah Bano Begum and Ors [1985 SCR (3) 844]. The case is well known for the judgement delivered by Chandrachud, Y.V CJ, D.A. Desai J., O Chinnappa Reddy, J., E.S. Venkataramiah J., Rangnath Misra J in favour of the right to maintenance of women even after they are divorced until they remarry. The judgement contains in it, sound logic, accompanied by excerpts from the Quran and observations made by eminent jurists in their books on law. Through the judgement the Court set the line for asserting the importance of civil laws even on the face of existing personal laws in the country (the existence of both laws so as to not infringe anyone’s right) and delved deeper into the meaning and purpose of mahr under Muslim marriages and upheld the obligation of Muslim men to maintain their wives. By putting a stern check on the precarious condition into which women are thrown due to the occasional whimsical pronouncement of triple talaq and subsequent denial of maintenance following the idea period, the Court in this landmark judgement observed the necessity of Uniform Civil Code as per Article 44 of the Constitution of India. Despite drawing criticisms and apprehensions from dominant groups, the judgement in the Shah Bano case has over the years, proved to be one of the founding judgements for ushering in uniform civil code and giving an attempt at placing varying faiths on a common platform.
Keywords
Shah Bano, maintenance, Muslim law, iddat period, Uniform civil code.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 280-287
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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