MOHAMMAD AHMED KHAN Vs. SHAH BANG BEGUM

JUDGEMENT

(1.) THIS appeal does not involve any question of constitutional importance but, that is not to say that it does not 559 involve any question of importance.

(2.) Some questions which arise under the ordinary civil and criminal law are of a far-reaching significance to large segments of society which have been traditionally subjected to unjust treatment. Women are one such segment. "Na stree swatantramarhati" said Manu, the Law giver: The woman does not deserve independence. And, it is alleged that the 'fatal point in Islam is the degradation of woman. To the Prophet is ascribed the statement, hopefully wrongly, that 'Woman was made from a crooked rib, and if you try to bend it straight, it will break; therefore treat your wives kindly'.

(3.) THE question as to whether S. 125 of the Code applies to Muslims also is concluded by two decision? of this court which are reported in Bai Tahira v. Ali Hussain Fidaalli Chothia and Fudunbi v. K. Khader Vali. Those decisions took the view that the divorced Muslim wife is entitled to apply for maintenance under S. 125. But, a bench consisting of our learned Brethren, Murtaza Fazal Ali and A. Varadarajan, JJ" were inclined to the view that those cases are not correctly decided. THErefore, they referred this appeal to a larger bench by an order dated 3/02/1981, which reads thus :