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april 1985

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.

MOHD. AHMED KHAN vs SHAH BANO BEGUM AND ORS. · Niyam