Question

In which case did the Supreme Court state that maintenance under Section 125 of CrPC overrides personal law limitations?

• A. Aasia Bibi case
• B. Shah Bano Case
• C. Shabnam Hashmi case
• D. Shayara Bano case

Hint:

Shah Bano Case (1985):

• Maintenance under Section 125 CrPC.

• Secular provision applicable to all communities.

• Personal law cannot defeat statutory maintenance rights.

Answer 1

The Correct Option is B

Concept: Section 125 of the Code of Criminal Procedure is a secular welfare provision intended to prevent destitution by providing maintenance to wives, children, and parents who are unable to maintain themselves.

Step 1: Identify the landmark case. The issue arose in Mohd. Ahmed Khan v. Shah Bano Begum (1985), commonly known as the Shah Bano Case.

Step 2: Understand the dispute. The husband argued that under Muslim Personal Law his obligation to maintain his divorced wife extended only during the iddat period.

Step 3: Examine the Supreme Court's ruling. The Court held that:

• Section 125 CrPC is a secular law.

• It applies irrespective of religion.

• Personal law limitations cannot override the statutory right to maintenance.

• The primary objective is prevention of poverty and destitution.
Therefore, Section 125 prevails over conflicting personal law provisions. Hence, Option (B) is correct.