Shah Bano Case (1985)

Supreme Court Judgement:

• Maintenance Obligation: Upheld the High Court's decision that a Muslim husband is obligated to provide maintenance to his divorced wife beyond the iddat period.

• Secular Application of Section 125: Declared that Section 125 of the Code of Criminal Procedure, 1973, is secular and applies universally across religions and communities, superseding personal laws in case of conflict.

• Rejection of Mahr as Absolution: Stated that the payment of Mahr (dower) does not exempt a Muslim husband from the responsibility of providing maintenance to his divorced wife.

• Advocacy for Uniform Civil Code: Emphasized the importance of a uniform civil code in promoting national integration by eliminating conflicting ideologies and disparate loyalty to laws.

Impact of the Judgement:

• Enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986: This judgement spurred the introduction of a new law aimed at protecting the rights of Muslim women upon divorce. The Act overturned the Supreme Court's ruling by limiting the payment of maintenance to a divorced wife only during the iddat period.

• Clarification in Danial Latifi Case: In the Danial Latifi case (2001), the Supreme Court upheld the constitutional validity of the Muslim Women Act of 1986. However, it clarified that despite the Act's provision, a Muslim husband remains liable to provide maintenance to his divorced wife even after the iddat period.