Shah Bano Begum Case Study

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BACKGROUND
This is the landmark judgment in the history of Supreme Court, which upheld the rights of divorced Muslim women for maintenance under section 125 Criminal Procedure Code. The case calls for Uniform Civil Code against any religion showing the secular principles within the Indian polity and the gender justice for the Indian women.
The Shah Bano case was a milestone in the Muslim women 's search for justice and the beginning of the political battle over personal law.
Shah Bano Begum firstly filled a case against her husband Mohd. Ahmed Khan, an advocate by profession for not providing her with the right of maintenance as provided under the section 125 of code of Criminal Procedure Code before judicial magistrate Indore asking for maintenance at the rate of Rs.500 per month which granted her with Rs.25 per month by the way of maintenance. Further, in the revision petition filled by respondent before the High Court increased the maintenance
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The Islamic tradition is patriarchal in nature where the Men of the community have dominated women since time immemorial, controlling even the legal discourse which completely ignores the realities of women’s lives. Shah Bano Begum was denied the right to maintenance; the rule came from a patriarchal society, which in turn is criticized in the judgment. The judgment then restoring the rights of women takes no regard of the religion professed by a spouse. This can also be understood by understanding the approach of marriage or towards the women. Marriage according to patriarchal approach is considered as a way to establish social, personal and political control over women, which is highly opposed by Radical Feminist. Although, Shah Bano Begum was given a sum Mahr but that is in itself not sufficient to maintain a person and when the women is unable to herself it is the duty of men, no matter what the personal terms are between

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