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Q91 (CDS-I/2016) Polity & Governance › Judiciary › Judicial review Answer Verified

In which one of the following cases, the Constitutional validity of the Muslim Women (Protection of Rights of Divorce) Act 1986, was upheld by the Supreme Court of India ?

Result
Your answer: —  Â·  Correct: B
Explanation

The constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, was upheld by the Supreme Court in the landmark case of Danial Latifi v. Union of India (2001) [2]. Following the controversial Shah Bano judgment in 1985, which granted maintenance under Section 125 of the CrPC, the government enacted the 1986 Act to limit maintenance to the iddat period [4]. Danial Latifi, who was Shah Bano's lawyer, challenged the Act's validity, arguing it violated Articles 14, 15, and 21 of the Constitution. The Supreme Court upheld the Act but interpreted it creatively, ruling that a Muslim husband must provide a 'reasonable and fair' amount for the wife's future maintenance within the iddat period itself [2]. This balanced gender equity with personal law protections. Other options like Mary Roy (inheritance) and Shankari Prasad (constitutional amendments) are unrelated to this specific Act.

Sources

  1. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SHAH BANO CASE (1985) > p. 630
  2. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SHAH BANO CASE (1985) > p. 629
  3. [3] Politics in India since Independence, Textbook in political science for Class XII (NCERT 2025 ed.) > Chapter 8: Recent Developments in Indian Politics > Communalism, Secularism, Democracy > p. 148
  4. [4] https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_Begum
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