Supreme Court of India · 1985-04-23
MOHD. AHMED KHAN vs SHAH BANO BEGUM AND ORS.
- Citation / case number
- SC 1981/63647
- Court
- Supreme Court of India
- Petitioner
- MOHD. AHMED KHAN
- Respondent
- SHAH BANO BEGUM AND ORS.
- Bench
- CHANDRACHUD, Y.V. ((CJ),DESAI, D.A.,REDDY, O. CHINNAPPA ,VENKATARAMIAH, E.S. ,MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that under Section 125(1)(a) of the Code of Criminal Procedure, a divorced wife is entitled to maintenance if she is unable to maintain herself, as 'wife' includes a divorced woman who has not remarried. The Court clarified that the husband's obligation to provide maintenance is not extinguished by the pronouncement of 'talaq' and that the provisions of Section 125 do not conflict with Muslim Personal Law regarding maintenance. The Court upheld the right of the divorced wife to seek maintenance beyond the iddat period, emphasizing the need for the husband to fulfill his financial responsibilities.