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Author:
Publication: The Times of India
Date: June 9, 2007
Introduction: Shah Bano Ruling Applies Only To Divorced Persons
In a crucial ruling, the supreme court said a 1986 law framed in the wake of Shah Bano case will not come in the way of an estranged Muslim woman seeking alimony from her husband under section 125 CrPC which provides for maintenance to a divorced or neglected woman.
"The act (Muslim Woman Act) only applies to divorced women," a bench of Justices Arijit Pasayat and D K Jain ruled while upholding the plea of Iqbal Bano.
The apex court passed the ruling while setting aside an Allahabad high court judgment which held that a married Muslim woman like Iqbal Bano cannot claim maintenance under section 125 CrPC as such a claim is barred under the Muslim Woman Act.
Under section 125 CrPC, Indian women can claim maintenance allowance from their husbands from whom they are divorced or left neglected.
But the provision was made inapplicable to Muslim women after enactment of the said Muslim Women Act by then Rajiv Gandhi government in 1986.
Iqbal Bano had filed the appeal after both the sessions court and the Allahabad high court took the view that she cannot file a claim under section 125 CrPC following the enactment of the Muslim Women Act.
The two courts also said it was enough even if the husband makes a written statement about the alleged divorce. Bano complained that she was deserted for which she claimed maintenance under section 125 CrPC and denied that her husband divorced her, as claimed by him.
The SC also asked the high court to dispose of the matter within six months.
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