'Haq', How Did Shah Bano Die Amid Divorce Ruling With Husband In Real Life? Know Her Health Issues

Shah Bano passed away without being able to see how her fight for women's rights shook the Indian judicial system and gender norms.

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By Peuli Bakshi Last Updated:

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'Haq', How Did Shah Bano Die Amid Divorce Ruling With Husband In Real Life? Know Her Health Issues

Shah Bano Begum was an ordinary woman whose courageous fight against life's challenges made her extraordinary and memorable. Her landmark 1985 Supreme Court case rulings regarding divorced Muslim women being eligible for maintenance payments by their husbands set a precedent for women's rights. Yami Gautam Dhar and Emraan Hashmi's courtroom drama, Haq, brought the Shah Bano case to the silver screen. Most of us are aware of the case rulings and their later reversal. Here's exploring the lesser-known details of Shah Bano's life following the judgement and her final days, marked by health issues.

What was the Shah Bano case? Why was the court decision overturned against her?

The Shah Bano case was the legal battle between Shah Bano Begum, a 62-year-old woman and her husband, Mohammad Ahmed Khan. She was an ordinary homemaker, he was a lawyer, and their court case was her story of valiance. The case was a landmark legal battle in India, centered on a divorced Muslim woman's right to seek maintenance from her former husband under the secular law. The Supreme Court delivered a verdict in Shah Bano's favour in 1985, sparking a major national controversy and leading to a political and legislative backlash. It caused significant opposition from conservative Muslim groups, who saw it as interference in Islamic law.

Due to the political unrest in the nation, the then-Congress government passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act restricted the husband's maintenance liability to the iddat period (90 days after divorce). After iddat, the divorced woman would have to depend financially on her relatives, and if that were not a viable option, the Waqf Board would be responsible for supporting her. Following the Act's passing, Shah Bano's husband stopped providing her with the Rs. 179 monthly allowance he had promised. However, years later, in 2001, Shah Bano's lawyer, Danial Latifi, challenged the 1986 Act, and the Supreme Court returned to its previous ruling.

What happened to Shah Bano while the court's decision was overturned twice?

Shah Bano was divorced in 1978 by means of triple talaq, and in 1986, the Muslim Women (Protection of Rights on Divorce) Act was passed, depriving her of her fundamental right of financial support from her husband, Mohammad Ahmed Khan. At that time, she faced significant financial troubles and struggled to sustain her five children, three sons and two daughters, namely Siddiqua Begum Khan, Fatima, Hameed Khan, Javeed Khan and Saeed Ahmed Khan. Shah Bano's health was also deteriorating with age.

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After a few years, in 1992, Shah Bano tragically passed away, without knowing that the court decision was overturned once again, and it became a historic moment for women's rights in India. She died after suffering from a fatal brain haemorrhage, nine years before her lawyer re-appealed to the Supreme Court, winning her case. Years later, her son Jameel told Hindustan Times, it was not just a family matter, but Shah Bano's "izzat ki ladai" (fight for self-respect). He stood by his mother during her fight for alimony.

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This struggle was not only for Shah Bano, but it was a broader conquest for the dignity and economic security of the women of India, irrespective of their caste, creed or religion. It has reaffirmed the principle of "fair and reasonable" maintenance for divorced Muslim women. The Mohd. Ahmed Khan v. Shah Bano Begum case remains relevant in discussions of gender justice, religious freedom, and secular laws in India. The latest Bollywood courtroom drama, Haq, released on November 7, 2025, once again brought the landmark case back to discussions and paved the way for future generations to recognise the strength of ordinary women.

What are your thoughts on Shah Bano's landmark judgment being overturned, not once but twice? Let us know.

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