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In which case did the Supreme Court explain that the Muslim Women (Protection of Rights on Divorce)…

In Iqbal Bano v. State of U.P. (2007), the Supreme Court held that the 1986 Act applies to divorced women and that a bare plea of an earlier talaq does not establish…

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In which case did the Supreme Court explain that the Muslim Women (Protection of Rights on Divorce) Act, 1986 applies to divorced women and did not bar a claim under section 125 of the Code of Criminal Procedure, 1973 merely because the husband pleaded a divorce that had not been proved?

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Correct answer C

In Iqbal Bano v. State of U.P. (2007), the Supreme Court held that the 1986 Act applies to divorced women and that a bare plea of an earlier talaq does not establish divorce. The Court remitted the case for a fresh decision. The provision before it was section 125 of the CrPC. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 now provides the corresponding summary remedy.

Option feedback

Option A

Chand Patel concerned maintenance in an irregular marriage with the wife’s sister.

Option B

Shah Bano addressed maintenance for a divorced Muslim woman before the 1986 Act was enacted.

Option C

Iqbal Bano applied the distinction between divorced and undivorced women to a claim under section 125 of the CrPC and remitted the matter.

Option D

Shamim Ara held that a bare plea of earlier talaq did not establish divorce. Iqbal Bano addressed the resulting argument under the 1986 Act.

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