The upcoming film ‘Haq’, starring Yami Gautam and Emraan Hashmi, follows a judicial struggle which left the nation stunned. The movie is based on the 1985 Shah Bano Case, which became a landmark judgment in the Indian judiciary system. Before the release of ‘Haq’ in theatres, revisit the case and what really happened.
All About the 1985 Shah Bano Case:
In April 1978, a 62-year-old woman from Indore, Shah Bano, filed a petition in court that would result in changing the landmark of Indian legal and social history. She pleaded maintenance from her husband, Mohammed Ahmad Khan, a well-known lawyer who had divorced her via triple talaq. The couple had married in 1932 and shared five children, three sons and two daughters. However, after fourteen years of marriage, Khan married a younger woman and eventually abandoned his first wife and their children. Abandoned, without support, Shah Bano was forced to turn towards the law when her husband stopped paying the Rs 200 per month he had promised.
She filed her case under Section 125 of the Criminal Procedure Code (CrPC), 1973, which states that a man must provide financial support for his wife both during the marriage and after divorce if she is unable to maintain herself. Khan, however, argued that under Muslim Personal Law, a husband’s responsibility is only for ’iddat’ to pay the support.
According to Legal Wires, “Iddat, an Arabic term meaning ‘counting’, is a significant concept in Islamic law. It refers to the mandatory waiting period that a Muslim woman must observe after the dissolution of her marriage, whether due to divorce or the death of her husband, before she can remarry.” This period generally lasts only for three months unless the woman is pregnant, in which case the pay is continued until childbirth.
The All India Muslim Personal Law Board supported Khan’s claim, and also stated that judicial courts had no authority to interfere in matters governed by the Muslim Personal Law (Shariat) Application Act, 1937.
After years of legal dilemma, the case was taken to the Supreme Court in 1985. The main question before the judges was whether Section 125 of the CrPC applied to citizens of all religions. Chief Justice Y. V. Chandrachud delivered his verdict that cracked the High Court’s order granting maintenance to Shah Bano and even increased the amount.
The Verdict Of Chief Justice Y.V. Chandracud:
“Section 125 was enacted in order to provide a quick and summary remedy to a class of persons who are unable to maintain themselves. What difference would it then make as to what is the religion professed by the neglected wife, child or parent? Neglect by a person of sufficient means to maintain these and the inability of these persons to maintain themselves are the objective criteria which determine the applicability of section 125. Such provisions, which are essentially of a prophylactic nature, cut across the barriers of religion. The liability imposed by section 125 to maintain close relatives who are indigent is founded upon the individual’s obligation to society to prevent vagrancy and destitution. That is the moral edict of the law, and morality cannot be clubbed with religion.”
The Aftermath:
The judgment caused widespread controversy, leading the Rajiv Gandhi-led Congress government to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986, restricting post-divorce maintenance to the iddat period.
Despite the controversies, the movie ‘Haq’ will follow the story from its ground level. The audience can expect some incidents to unfold and also some verdicts which may challenge the judicial authority. Emraan Hashmi and Yami Gautam Dhar starring this movie will release on November 7, 2025.
