Re-examination of the constitutionality of section 3 of the muslim women (protection of rights on divorce) act, 1986 through the lens of section 125 of the crpc and the family courts act, 1984.
The Supreme Court in the Shah Bano case, inter alia held that the statutory right granted under the general law of the land i.e. Section 125 of the CrPC is applicable to all persons, irrespective of personal laws. The judgment resulted in outcry by certain fundamentalist sections of the Muslim community, which forced the then Rajiv Gandhi led government to enact the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter the MW Act).
The Statement of Objects and Reasons of the MW Act expressly states that in the view of the ratio of the Shah Bano judgment, the Parliament in passing this Act aims to “specify the rights which a Muslim divorced woman is entitled to at the time of divorce and to protect her interest.”