The Story Of Shah Bano, Who Won And Lost Because Of Former Prime Minister Rajiv Gandhi

THIS STORY OF SHAH BANO WILL MAKE YOU CRY
THIS STORY OF SHAH BANO WILL MAKE YOU CRY

In today’s story, we are going to talk about Shah Bano case, this is the case which is heard every day, although after the triple talaq law, its resonance has reduced.

First of all it is to be understood that both Shah bano case and Shayra bano case are different cases, so don’t consider both of them as one case and today we are going to talk about Shah bano case and not Shayra bano. about the case.

Shah Bano was a Muslim woman who hailed from Indore district of Madhya Pradesh. She had 5 children including 3 sons and 2 daughters.

She was married in 1932 to Mohammad Ahmed Khan, who was a lawyer by profession.

In 1946, Mohammad Ahmed Khan marries second time to Haliba Begum.

In 1975, Shah Bano was thrown out of the house by Mohammad Ahmad Khan due to fights and continued to pay 200/month alimony for a few days, but after a few months he stopped giving alimony.

In 1978, Shah Bano appeared in the court of Indore against this and filed a case to demand at least 500 alimony, but before the decision of the court, Mohammad Ahmed Khan divorced her on November 6, 1978 and 3000 rupees Gave the dowry amount and got rid of Shah Bano.

In the year 1979, the lower court, giving a decision in this case, asked Shah Bano to give 25 rupees per month through Mohammad Ahmed Khan, while the monthly income of Mohammad Ahmed Khan at that time was around 5000 rupees.

It is to be noted that the court had given this decision under Section 125 of CrPC.

In 1980, Shah Bano went to the Madhya Pradesh High Court regarding this case and won the case, under which the court ordered Mohammad Ahmed Khan to pay 179 rupees 20 paise per month to Shah Bano and this decision was also under Section 125 of CrPC. was given under

Regarding this matter, Mohammad Ahmed Khan reaches the Supreme Court and citing Muslim Personal Law, says that after giving the amount of dowry, a Muslim man is not bound to give any amount to a divorced woman.

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Now the matter was a bit confused as the Supreme Court was having difficulty in taking a decision whether this case should be recognized under Section 125 of CrPC or should be decided under Muslim Personal Law.

After a lot of arguments, the Supreme Court gives a decision in favor of Shah Bano on 23 April 1985 and says that

“Since section 125 is a section of criminal law, it is above Muslim personal law.”

And Shah Bano wins the case.

Now this is the story of Shah Bano getting justice, now know how Shah Bano loses the case he won.

In fact, after this decision of the Supreme Court, the Muslim community considers it an attack on itself and there is a movement against it in the whole country, at that time the Prime Minister of India was Rajiv Gandhi.

Rajiv Gandhi introduced “The Muslim Women (Protection of Rights on Divorce) Act 1986” in the House in February 1986 to brighten his politics and get the support of the minority community.

Under the new law, Muslim women could not claim maintenance under section 125. Parliament also passed this bill on 5 May 1986, Shah Bano withdrew her case after the new bill came and Shah Bano lost the case won by SC, she died of brain hemorrhage in 1992 after 6 years.

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