(1.) In these petitions the questions which arise for determination are:
(2.) For deciding the aforesaid questions it would be necessary to refer to the preamble of the Act which reads as under: An Act to protect the rights of Muslim women who have been divorced by or have obtained divorce from their husbands and to provide for matters connected therewith or incidental thereto. From this problems one thing is apparent that the act is enacted to protect the rights of Muslim women who have been divorced by or have obtained divorce from their husbands. This is as clear as anything could be. In simplest language the Parliament has stated that the Act is for protecting the rights of Muslim Women. It does not provide that it is enacted for taking away some rights which a Muslim woman was having either under the Personal Law or under the general law i.e. Secs. 125 to 128 of the Criminal Procedure Code. The aforesaid preamble further provides that it is also enacted for making other provisions for matters connected therewith or incidental thereto.
(3.) Keeping this in mind we have to consider the provisions of Sec. 3. As this section requires to be interpreted. it would be necessary to refer to it in its entirety. Section 3 is as under: