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Send bamo to edit together this prezi using Prezi Meeting learn more: Muslim Law in Modern India, Edition, page These downlaod in the text book are inadequate to establish the proposition that the Muslim husband is not under an obligation to provide for the maintenance of his divorced wife, who is unable to maintain herself.

We are concerned to find is whether Mahr is an amount payable by the husband to the wife on divorce. This is a most unreasonable view of law as well as life. Cancel Reply 0 characters used from the allowed. From Wikipedia, the free encyclopedia.

शाहबानो प्रकरण

Some questions which arise under the ordinary civil and criminal law are of a far-reaching significance to large segments of society which have been traditionally subjected to unjust treatment. But when a divorced woman has no such relatives, and does not have enough means to pay the maintenance, the magistrate would order the State Waqf Board to pay the maintenance. Zubaide Bibi 1 sum. It is a matter of deep regret that some czse the interveners who supported the appellant, took up an extreme position by displaying an unwarranted zeal to defeat the right to maintenance of women who are unable to maintain themselves.

Comments 0 Please log in to add your comment. Shah Bano approached the courts for securing maintenance from her husband.

Shah Bano Case and Related Issues by Anant Gupta :: SSRN

We consider it not only incorrect but unjust, to extend the scope of the statements extracted above to cases in which a divorced wife is unable to maintain herself. The Arabic version of those Aiyats and their English translation are reproduced below:.

There is no evidence of any official activity for framing a common civil code for the pf. It also introduced another significant change by providing that the fact that the husband has contracted marriage with another woman is a just ground for the wife’s refusal to live with him.

Chinnappa JVenkataramiah, E. In Mulla’s Mahomedan Law 18th Edition, parapagethere is a statement to the effect that, “After divorce, the wife is entitled to maintenance during the period of iddat”.

Shah Bano Case and Related Issues

Clause b of the Explanation to section 1which defines ‘wife’ as including a divorced wife, contains no words of limitation to justify the exclusion of Muslim women from its scope. Section was enacted in order to provide a quick and summary remedy to a class of persons who are unable to maintain themselves.

The politics of autonomy: Jindalp. Views Read Edit View history. A counsel in the case whispered, somewhat audibly, that legislative competence is one thing, the political courage to use that competence is quite another.

शाहबानो प्रकरण – विकिपीडिया

Taking Financial Suah to the next level after That section provides, to the extent material, that the Magistrate shall cancel the order of maintenance, if the wife is divorced by the husband and, she has received “the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce”.

The sum settled by way of Mahr is generally expected to take care of the ordinary requirements of the wife, during the marriage and after. But he does not dhah her as a mark of respect. That is the moral edict cwse the law and morality cannot be clubbed with religion. A firewall is blocking access to Prezi content. It was seen as discriminatory as cas denied right to basic maintenance available to non-Muslim women under secular law.

It may be mentioned that the respondent had alleged that the appellant earns a professional income of about Rs. Personal Laws are also called Family laws. The correctness of the translation of these Aiyats is not in dispute except that, the contention of the appellant is that the word ‘Mata’ in Aiyat No.

After the Shah Bano judgment, many leaders in the Indian National Congress suggested to the Prime Minister of India, Rajiv Gandhi that if the government did not enact a law in Parliament overturning the Supreme Court judgement, the Congress would face decimation in the polls ahead. Try out our Premium Member services: