Shah Bano Case: Know All About The Landmark Case That Made History

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Shah Bano Case
Shah Bano Case

Shah Bano case was one of the legal milestones in battle for protection of rights of Muslim women in India. Shah Bano was 62-year-old when her husband threw her out of their house.

Bano who was mother of five decided to fight against and the male-dominated society and changed the law system forever.

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Here is all you need to know about the landmark case.

Khan and Shan Bano were married in 1932 and had five children.

In November, 1978:  After his second marriage, Khan had asked her  to live separately. He gives Shah Bano divorce and says since Bano is not his wife under Islamic law, he is not obliged to pay any maintenance.

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Bano files a plea in the court against Khan under Section 125 (Code of Criminal Procedure) asking him to provide the maintenance for her and her 5 children.

In August, 1979: Bano wins maintenance case in the local court ordering Khan to provide her monthly maintenance of Rs 25.

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In July 1980: Bano files another plea and asked for revised maintenance. The High Court of Madhya Pradesh gives order and enhanced the maintenance amount to Rs.179.20 per month.

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In April, 1985: The Supreme Court gives judgement in favour of Shah Bano and upholds the decision by the High Court.

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In 1986: The then Prime Minister Rajiv Gandhi overturns Supreme Court’s verdict in Bano’s case.

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He  Rajiv Gandhi enacts a law in Parliament i.e. the 1986 Muslim Women (Protection on Rights of Divorce) Act which turned the Supreme Court judgment and allowed maintenance to a divorced woman only during the period of iddat, or upto 90 days after the divorce/Talaq.

Watch Video: Shah Bano case gives hope to Muslim women – story by Nasir Gauri Gwalior

No doubt, this case gave Muslim women a new hope and highlighted that how people use religion as a tool for their own personal benefits.

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