In Mohd Ahmed Khan v Shah Bano Begum (1985), the Supreme Court held that
AA divorced Muslim woman has NO right to maintenance
BA divorced Muslim woman is entitled to maintenance under SECTION 125 CrPC even after the iddat period; the secular provision overrides any narrower religious construction
CMuslim women are governed only by personal law
DMaintenance is solely a matter of religious custom
Answer & Solution
Correct answer: B. A divorced Muslim woman is entitled to maintenance under SECTION 125 CrPC even after the iddat period; the secular provision overrides any narrower religious construction
Shah Bano (CJI Chandrachud) read s125 CrPC as a secular maintenance provision applicable to all communities. The decision triggered the Muslim Women (Protection of Rights on Divorce) Act 1986; Danial Latifi v UoI (2001) read down that Act to preserve Shah Bano's effect.
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