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2001 Supreme(Bom) 271

V.K.BARDE, A.P.DESHPANDE
Naseemunisa Begum Shaikh Yasin & another – Appellant
Versus
Shaikh Abdul Rehman Shaikh Gaffar & another – Respondent


JUDGMENT - V.K. BARDE, J.:---These applications, writ petitions and revision application are placed before the Division Bench because of the reference made by the learned Single Judge. All these matters are arising out of the dispute with respect to right of maintenance of divorced Muslim Women, with reference to the provisions of Chapter IX of the Code of Criminal Procedure, 1973; and the provisions of Muslim Women (Protection of Rights and Divorce) Act, 1986 (hereinafter referred to as "the 1986 Act"). The learned Single Judge has enumerated the points, which require according to him, a decision by the larger Bench; and those are as follows:

"(1) Whether sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, by themselves, are enabling provisions, so as to confer some rights on a divorced woman, particularly in view of:

(a) the Preamble and the Statement of Objects and Reasons of the Act;

(b) the rights specified, protected or created newly in favour of a divorced woman:

(i) under section 3(1) during the period of Iddat.

(ii) under section 3(1)(b) to (d) and section 4(2) during or after the Iddat period.

(iii) under section 4(1) after the period of Iddat



























































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