1. The criminal revision petition as well as the writ petitions come before us on reference since important questions of law are involved in these cases. The main questions that arise in the writ petitions are the following;

(1)Whether S.125 of the Code of Criminal Procedure, 1973 is violative of Art.14 and 19 of the Constitution;

(2)Whether S.125 offends the fundamental rights under Art.25;

(3) Whether a wife who was divorced or who obtained divorce before the Act came into force can seek the benefit of the section. In other words, whether this section can be retrospective in operation.

(4) Whether the definition of wife in S.125 (1) offends S.125 (4) of the Code.

The prayer in the petitions is to declare Explanation (b) to S.125 (1) of the Code of Criminal Procedure, 1973, for short, the Code, ultra vires the Constitution, that it is in conflict with the personal law of Muslims and for other incidental reliefs. To put it shortly, the question agitated before us is that since the new Code confers on wives, who have been divorced or who have obtained divorce and remain unmarried, a right of maintenance, the relevant portion of the section has to be struck down.

2. The constit