Shah Bano Begum, a Muslim woman, was married to Mohammed Ahmed Khan. After being divorced by her husband, Shah Bano filed a petition for maintenance under Section 125 of the Criminal Procedure Code, 1973. The trial court granted her maintenance, but the order was challenged by Ahmed Khan on the grounds that, as a Muslim, he was only obliged to provide maintenance during the iddat period (approximately three months post-divorce) under Islamic personal law, not beyond it.

• 1. Whether Section 125 of the Criminal Procedure Code, which mandates maintenance for divorced women beyond the iddat period, is applicable to Muslims.
• 2. Whether the application of this provision conflicts with the principles of Islamic personal law.

The Supreme Court noted that the purpose of Section 125 is to provide for the maintenance of women who are unable to maintain themselves, regardless of their religion. The Court emphasized that personal laws cannot override statutory laws enacted by Parliament, which aim to provide social justice and protect the rights of women. It observed that Section 125 was meant to ensure that no woman is left destitute after divorce and that personal laws should be interpreted in a way that does not infringe on the fundamental rights guaranteed by the Constitution.

The Supreme Court ruled in favour of Shah Bano Begum, affirming that she was entitled to maintenance under Section 125 of the CrPC beyond the iddat period. The Court held that personal laws must align with the statutory provisions of civil laws that provide for the welfare and protection of individuals. The judgment catalysed a broader debate on women's rights and religious personal laws in India.

In response to the Shah Bano verdict, and to address the concerns raised by the Muslim community regarding the judgment's implications, Parliament enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986. This legislation restricted the maintenance obligation to the iddat period, and provided for maintenance only if the divorced woman was not provided for by her former husband. It aimed to align the legal framework with personal law considerations.