A.V. SAVANT, J.:---This criminal writ petition is filed by a divorced muslim woman. In view of the reference to a Division Bench by T.K. Chandrasekhara Das, J., the following questions of law arise for our determination :---

(1) In proceedings for maintenance instituted by a Muslim wife, if a muslim husband makes a plea in his written statement that his marriage had been dissolved at an earlier date in the talak form, even assuming that the fact of such dissolution at an earlier date is not proved, whether the filing of the written statement containing such a plea of divorce in the talak form amounts to the dissolution of marriage under the Muslim Personal Law from the date on which such a statement was made ?

(2) Whether the law laid down by this Court in (Chandbi Ex. w/o Badesha Mujawar v. Badesha S/o Balwant Mujawar)1, reported in A.I.R. 1961 Bom. 121 still holds good or whether it requires reconsideration in view of the two subsequent decisions of this Court in :---

(i) (Mehtabbi w/o Sk. Sikandar and another v. Sk. Sikandar S/o. Sk. Mohd. and another)2, reported in 1995(3) Bom.C.R. 433; and

(ii) (Shaikh Mosin s/o Shaikh Chand v. State of Maharashtra and another)3, reported