Shamim Bano v. Asraf Khan (2014)
Shamim Bano v. Asraf Khan (2014)
1. Background
This case dealt with the issue of maintenance and the rights of a Muslim wife after divorce.
Shamim Bano, the wife, filed for interim maintenance claiming her right to financial support from her husband, Asraf Khan.
The husband contested the claim, raising questions about the extent of maintenance liability under Muslim personal law.
2. Legal Issues
The key legal questions were:
What is the scope of maintenance payable by a Muslim husband to his wife post-divorce?
Is the wife entitled to maintenance beyond the iddat period (waiting period after divorce)?
What are the judicial precedents and statutory provisions applicable?
3. Relevant Law
Under Section 125 of the Criminal Procedure Code (CrPC), a wife can claim maintenance if she cannot maintain herself.
Muslim personal law also specifies maintenance obligations:
The husband must maintain the wife during the iddat period after divorce.
Beyond iddat, maintenance is not automatically guaranteed unless the wife is helpless or unable to maintain herself.
The case also considered the Shah Bano case (1985) and the Muslim Women (Protection of Rights on Divorce) Act (MWPDA), 1986, which limit maintenance to the iddat period.
4. Court’s Reasoning
The court examined the facts and the legal framework.
It held that the husband is liable to pay maintenance during the iddat period, but maintenance beyond that period depends on the wife's financial condition.
If the wife is unable to maintain herself, she can claim maintenance under Section 125 CrPC.
The judgment balanced between personal law and the statutory provision to protect the wife’s right to maintenance.
The court referred to prior case laws emphasizing maintenance rights but also the limitation imposed by the MWPDA.
5. Significance
This case reinforced that:
A Muslim husband must pay maintenance during the iddat period.
Post-iddat maintenance is not automatic under Muslim law but can be claimed if the wife is unable to maintain herself.
The court can intervene under Section 125 CrPC to provide maintenance if the wife is in need.
It clarified the interplay between personal law and statutory law in maintenance disputes.
6. Summary
| Aspect | Explanation |
|---|---|
| Parties | Shamim Bano (wife) vs. Asraf Khan (husband) |
| Issue | Maintenance entitlement post-divorce |
| Law involved | Muslim personal law, Section 125 CrPC, MWPDA 1986 |
| Decision | Maintenance during iddat period is husband's duty; beyond that, depends on wife’s ability to maintain herself |
| Importance | Clarified maintenance rights under Muslim law & Indian statute |
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