Article 44: Uniform civil code for the citizens

Leading cases

• Mohd. Ahmed Khan v. Shah Bano Begum (1985)A five-Judge Bench held that a divorced Muslim wife unable to maintain herself may claim maintenance from her former husband under Section 125 CrPC, and that Mahr is not a sum payable 'on divorce' under Section 127(3)(b).
• Sarla Mudgal v. Union of India (1995)A Hindu husband who converts to Islam and marries again without dissolving his Hindu marriage contracts an invalid second marriage, which is void for the purposes of Section 494 IPC, and he is guilty of bigamy.

Questions on this article

4 questions in 10 of our papers cite Article 44. Try these from the free papers:

1. 1. A citizen files a writ petition asking the Supreme Court to issue a mandamus directing the Government to bring in a uniform civil code under Article 44 within six months. What is the correct legal position?

   A.The relief must be granted, because Article 44 imposes a duty enforceable under Article 32B.The relief must be granted, because a directive principle becomes enforceable if left unimplemented for longC.The relief cannot be granted, because Article 37 provides that the provisions of Part IV shall not be enforceable by any courtD.The relief cannot be granted, because Article 44 applies only to the Union territories
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2. 2. Article 44 of the Constitution (a Directive Principle) provides for:

   A.A Uniform Civil Code for citizensB.Free legal aidC.Village panchayatsD.Protection of monuments
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