Published on: 13th October 2025
Authored by: Preesha Kapoor
NMIMS MUMBAI, KPMSOL
Citation: AIR 1985 SC 945; (1985) 2 SCC 556
Court: Supreme Court of India
Bench: Y.V. Chandrachud(CJI), Ranganath Misra, D.A. Desai, O. Chinnappa Reddy, and E.S. Venkataramiah, JJ.
Date of Judgment: April 23, 1985
Relevant Statutes / Key Provisions
- Section 125 of the Code of Criminal Procedure, 1973 (CrPC)
- The Muslim Personal Law (Shariat) Application Act, 1937
- Article 44 of the Constitution of India (Directive Principle – Uniform Civil Code)
Brief Facts
Shah Bano, a 62-year-old Muslim woman, was divorced by her husband, Mohd. Ahmed Khan, a well-off advocate, after 40 years of marriage. Following the divorce, he refused to maintain her, claiming that under Islamic law, he was not obligated to provide maintenance beyond the iddat period. Shah Bano filed a petition under Section 125 CrPC for maintenance. The Magistrate ordered a monthly maintenance of ₹25, which was increased to ₹179.20 by the High Court. The husband challenged this in the Supreme Court, arguing that as per Muslim personal law, his responsibility ended with the iddat period.
Issues Involved
- Whether Section 125 CrPC, which is a secular provision, applies to Muslim women.
- Whether a Muslim husband’s liability to provide maintenance ends after the iddat period.
- Whether personal laws can override the provisions of a general secular law like Section 125 CrPC.
Arguments
Petitioner (Husband):
- Claimed that under Muslim personal law, a husband’s obligation to maintain his divorced wife lasts only during the iddat period.
- Argued that any further obligation would interfere with his fundamental right to practice religion under Article 25.
Respondent (Wife):
- Argued that Section 125 CrPC applies uniformly to all citizens irrespective of religion.
- Claimed she had no independent means and was entitled to maintenance as per law.
- Stated that a secular law should override personal law when it concerns the basic right to life and dignity.
Judgment
The Supreme Court ruled in favour of Shah Bano, holding that Section 125 CrPC applies to all citizens, irrespective of religion, and is a measure of social justice. The Court stated that if a divorced woman is unable to maintain herself, her former husband has a duty to maintain her beyond the iddat period until she remarries or can sustain herself. The Court also emphasized the need for a Uniform Civil Code as envisioned in Article 44 of the Constitution.
Ratio Decidendi
A Muslim husband is liable to pay maintenance under Section 125 CrPC to his divorced wife if she is unable to maintain herself, and this obligation continues beyond the iddat period. Personal law cannot override the secular and gender-neutral provisions of CrPC.
Obiter Dicta
The judgment highlighted the urgency of enacting a Uniform Civil Code to promote national integration and remove contradictions in personal laws. It criticized the government’s delay in implementing Article 44.
Final Decision
The Supreme Court upheld the decision of the High Court and directed Mohd. Ahmed Khan to pay maintenance to Shah Bano under Section 125 CrPC. The judgment affirmed the supremacy of constitutional and statutory law over personal law in matters of fundamental rights and social justice.
