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Swarajya Staff
Feb 19, 2024, 08:29 PM | Updated 08:29 PM IST
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SC hearing a case that can practically undo the 'Shah Bano' travesty
Dear Reader,
When it comes to maintenance rights of a Muslim woman who has been divorced:
does the standard law regime applicable to all applies in her case just as well?
Or, does the law enacted by the Rajiv Gandhi government to overturn the 'Shah Bano' judgement take precedence?
Contrary to popular perception, this question is still not decided definitively, either way.
I am talking about this with you because the Supreme Court is deliberating upon this very issue these days. If indeed the Court decides that a single law regime applies to all women in case of maintenance rights, it could act as an intellectual foreword for a common law regime for all. In simple words -- a uniform civil code.
Read all about the current case here: https://swarajyamag.com/commentary/supreme-court-hearing-a-case-that-can-practically-undo-the-shah-bano-travesty-heres-all-about-it
Arush Tandon