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 ?
Muhammad Ahmad Khan v. Shah Bano Begum
Danial Latifi v. Union of India
Mary Roy v. State of Kerala
Shankari Prasad v. Union of India
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CDS-1 – 2016
– The 1986 Act sought to limit the divorced Muslim woman’s right to maintenance from her husband primarily to the period of iddat.
– In the Danial Latifi case, the constitutional validity of the 1986 Act was challenged. The Supreme Court upheld the Act but interpreted its provisions, particularly Section 4, to mean that a divorced Muslim woman is entitled to reasonable and fair maintenance from her former husband, not just during the iddat period, but for the rest of her life or until she remarries. This interpretation effectively ensured a maintenance right similar to the Shah Bano judgment, albeit within the framework of the 1986 Act.