Shah Bano and the aftermuth

• Brief intro: Shah Bano, a 62yr old Muslim divorcee had filed a petition in the court asking for maintenance from her estranged husband according to Sec 125 of CrPC. The MP HC asked her husband to pay the maintenance to her. But her husband denied it on the grounds that with divorce, his relationship with her had ended and keeping any kind of contact with her is haram according to Islam. But the SC upheld the judgment given by the MP HC and asked her husband to pay the maintenance.

• Nullification of the judgment: The government being in the election year, nullified the SC judgment by passing the Muslim Women (Protection of Rights on Divorce)Act, 1986. According to the act, the Muslim divorced woman was entitled to maintenance only during the period of iddat (90 days), as per Shariat law.

• Aftermath: However, in the later judgments of Daniel Latifi case and Shamima Farooqui case, the SC interpreted the act in a manner reassuring the validity of the case and upheld the Shah Bano judgment and The Muslim Women (Protection of Rights on Divorce) Act 1986 was nullified.

• Conclusion: Shah Bano case is a landmark judgment as it upheld the fundamental rights of a woman over personal laws. It also created a platform for discussion of the need for uniform civil code in India, which could bring in equality and equal rights in issues like marriage, divorce, adoption, inheritance etc.