All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
70.

Section 125 of the Criminal Procedure Code is "SECULAR" in character was observed in which of the following case?

A: Lalita Kumari V. State of Uttar Pradesh
B: Arnesh Kumar's Case
C: Mohd. Ahmed Khan V. Shah Bano Begum
D: Selvy V. State of Karnataka

The answer is: C

Explanation

The correct option is C: Mohd. Ahmed Khan V. Shah Bano Begum.

This is the landmark case where the Supreme Court observed that Section 125 of the Criminal Procedure Code is secular in character and applies to all persons irrespective of their religion. The court held that a Muslim woman is entitled to claim maintenance from her divorced husband under Section 125 CrPC, even if she has received Mahr (dower) from him. The court also stated that Section 125 CrPC is not in conflict with the personal laws of Muslims, but rather supplements them. The court further emphasized the social purpose of Section 125 CrPC, which is to prevent vagrancy and destitution among the dependents of those who have sufficient means to provide for them