Shah Bano, the appellant, was a Muslim woman who was divorced by her husband, Mohd. Ahmed Khan. After the divorce, she sought maintenance (financial support) from her ex-husband under Section 125 of the Code of Criminal Procedure, which provides for maintenance of wives, children, and parents. The lower courts granted her maintenance.
However, the matter reached the Supreme Court of India. In 1985, the Supreme Court delivered its judgment in the case. The court held that Shah Bano was entitled to maintenance under Section 125 of the Code of Criminal Procedure, irrespective of the personal law governing Muslims. The court observed that Section 125 was a secular provision and applied to all citizens, regardless of their religion.
The decision was met with controversy and led to a heated debate on the conflict between personal laws and the constitutional guarantee of equality. Some sections of the Muslim community felt that the judgment interfered with their personal laws, and there were protests against it.
In response to the protests, the Indian government, led by Prime Minister Rajiv Gandhi, enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Act aimed to nullify the Supreme Court’s decision by restricting the rights of Muslim women to maintenance under Section 125 of the Code of Criminal Procedure.
The Shah Bano case and the subsequent legislative response sparked a wider discussion on the need for reform in personal laws to ensure gender justice. It raised questions about the balance between religious practices and the fundamental rights guaranteed by the Indian Constitution. The case remains a significant reference point in discussions about the rights of Muslim women and the need for legal reforms in family matters.