Mohd. Ahmed Khan v. Shah Bano Begum and Ors.

Mohd. Ahmed Khan, an advocate, married Shah Bano Begum in 1932. In 1975, Khan drove Shah Bano out of the matrimonial home. In April 1978, she filed a petition under Section 125 CrPC seeking monthly maintenance. While the petition was pending, Khan pronounced an irrevocable talaq in November 1978 and defended himself by arguing that his liability ceased after paying maintenance for the iddat period and depositing Mahr.

The conflict arose between the parties regarding statutory compliance, evidentiary threshold, and constitutional rights.†

The trial and appellate records examined key witness testimonies, documentary proof, and primary investigative reports.

Official registers and case diary entries documented the factual sequence and statutory triggers under Section 125 CrPC (Maintenance of wives, children, and parents); Section 127(3)(b) CrPC.†

The Petitioner argued against arbitrary enforcement, while the Respondent maintained statutory legitimacy and public interest.

The Supreme Court of India deliberated on constitutional safeguards, statutory interpretation, and judicial precedents.¶8

The ruling established binding precedent under Article 141 of the Constitution of India, shaping subsequent jurisprudence.¶12