Mohd. Ahmed Khan v Shah Bano Begum (1985)

Muslim Law (Family Law II) · Maintenance

Facts.

Shah Bano, divorced after decades of marriage, sought maintenance from her former husband under s.125 CrPC.

Issue.

Can a divorced Muslim woman claim maintenance under s.125 CrPC beyond the iddat period?

Held.

Yes — she is a “wife” within s.125, a secular welfare provision that applies regardless of personal law.

Why it matters.

It is the fountainhead of the maintenance debate and triggered the 1986 Act.

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