Question:medium

In which case did the Supreme Court state that maintenance under Section 125 of CrPC overrides personal law limitations?

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Shah Bano Case (1985):

• Maintenance under Section 125 CrPC.

• Secular provision applicable to all communities.

• Personal law cannot defeat statutory maintenance rights.
Updated On: Jun 5, 2026
  • Aasia Bibi case
  • Shah Bano Case
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  • Shayara Bano case
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The Correct Option is B

Solution and Explanation

Step 1: Understand Section 125 CrPC.
It is a secular welfare rule that gives maintenance to a wife, child or parent who cannot support themselves, so they do not fall into poverty.

Step 2: Recall the famous case.
The leading case is Mohd. Ahmed Khan v. Shah Bano Begum (1985), known simply as the Shah Bano case.

Step 3: Note the dispute.
The husband claimed that under Muslim personal law he only had to maintain his divorced wife during the iddat period.

Step 4: Recall the ruling.
The Supreme Court held that Section 125 applies to everyone regardless of religion, and personal law limits cannot defeat this statutory right.

Step 5: Conclude.
So the case where the court said Section 125 overrides personal law limits is Shah Bano.

Answer: Shah Bano Case (Option 2).
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