Summarize the following court judgment. N: Criminal Appeal No. 103 of 1981. From the Judgment and Order dated 1. 1980 of the Madhya Pradesh High Court in Crl. Revision No. 320 of 1979. P. Govindan Nair	 Ashok Mahajan	 Mrs. Kriplani	 Ms. Sangeeta and S.K Gambhir for the Appellant. Danial Latifi Nafess Ahmad Siddiqui	 S.N. Singh and T.N.Singh for the Respondents. Mohd. Yunus Salim and Shakeel Ahmed for Muslim Personal Law Board. S.T. Desai and S.A. Syed for the Intervener Jamat UlemaHind. The Judgment of the Court was delivered by CHANDRACHUD	C.J. This appeal does not involve any question of constitutional importance but	 that is not to say that it does not involve any question of importance. Some questions which arise under the ordinary civil and criminal law are of a far reaching significance to large segments of society which have been traditionally subjected to unjust treatment. Women are one such segment. ' Nastree swatantramarhati" said Manu	 the Law giver: The woman does not deserve independence. And	 it is alleged that the 'fatal 850 point in Islam is the 'degradation of woman '(l). To the Prophet is ascribed the statement	 hopefully wrongly	 that 'Woman was made from a crooked rib	 and if you try to bend it straight	 it will break; therefore treat your wives kindly. This appeal	 arising out of an appellation filed by a divorced Muslim woman for maintenance under section 125 of the Code of Criminal Procedure	 raises a straightforward issue which is of common interest not only to Muslim women	 not only to women generally but	 to all those who	 aspiring to create an equal society of men and women	 lure themselves into the belief that mankind has achieved a remarkable degree of progress in that direction. The appellant	 who is an advocate by profession	 was married to the respondent in 1932. Three sons and two daughters were born of that marriage In 1975	 the appellant drove the respondent out of the matrimonial home. In April 1978	 the respondent filed a petition against the appellant under section 125 of the Code in the court of the learned Judicial Magistrate (First Class)	 Indore asking for maintenance at the rate of Rs 500 per month. On November 6	 1978 the appellant divorced the respondent by an irrevocable talaq. His defence to the respondent 's petition for maintenance was that she had ceased to be his wife by reason of the divorce granted by him	 to provide that he was therefore under no obligation maintenance for her	 that he had already paid maintenance to her at the rate of Rs. 200 per month for about two years and that	 he had deposited a sum of Rs. 3000 in the court by way of dower during the period the of iddat. In August	 1979 the learned Magistrate directed appellant to pay a princely sum of Rs. 25 per month to the respondent by way of maintenance. It may be mentioned that the respondent had alleged that the appellant earns a professional income of about Rs. 60	000 per year. In July	 1980	 in a revisional application filed by the respondent	 the High Court of Madhya Pradesh enhanced the amount of maintenance to Rs. 179.20 per month. The husband is before us by special leave. Does the Muslim Personal Law impose no obligation upon the husband to provide for the maintenance of his divorced wife ? Undoubtedly	 the Muslim husband enjoys the privilege of being (1) 'Selections from Kuran ' Edward William Lane 1843	 Reprint 1982	 page xc (Introduction) 851 able to discard his wife whenever he chooses to do so	 for reasons good	 bad or indifferent. Indeed	 for no reason at all. But	 is the only price of that privilege the dole of a pittance during the period of iddat ? And	 is the law so ruthless in its inequality that	 no matter how much the husband pays for the maintenance of his divorced wife during the period of iddat	 the mere fact that he has paid something	 no matter how little	 absolves him for ever from the duty of paying adequately so as to enable her to keep her body and soul together ? Then again	 is there any provision in the Muslim Personal Law under which a sum is payable to the wife 'on divorce ' ? These are some of the important	 though agonising	 questions which arise for our decision. The question as to whether section 125 of the Code applies to Muslims also is concluded by two decisions of this Court which are reported in Bai Tahira vs Ali Hussain Fidalli Chothia(1) and Fazlunbi vs K. Khader Vali.(2) These decisions took the view that the divorced Muslim wife is entitled to apply for maintenance under section 125. But	 a Bench consisting of our learned Brethren	 Murtaza Fazal Ali and A. Varadarajan	 JJ. were inclined to the view that those cases are not correctly decided. Therefore	 they referred this appeal to a larger Bench by an order dated February 3	 1981	 which reads thus: "As this case involves substantial questions of law of far reaching consequences	 we feel that the decisions of this Court in Bai Tahira vs Ali Hussain Fidaalli Chothia & Anr and Fuzlunbi vs K. Khader Vnli & Anr. require reconsideration because	 in our opinion	 they are not only in direct contravention of the plain and an unambiguous language of section 127(3)(b) of the Code of Criminal Procedure	 1973 which far from overriding the Muslim Law on the subject protects and applies the same in case where a wife has been divorced by the husband and the dower specified has been paid and the period of iddat has been observed. The decision also appear to us to be against the fundamental concept of divorce by the husband and its consequences (1) ; (2) 1980 (3)SCR 1127 852 under the Muslim law which has been expressly protected by section 2 of the Muslim Personal Law (Shariat) Application Act	 1937 an Act which was not noticed by the aforesaid decisions. We	 therefore	 direct that the matter may be placed before the Honorable Chief Justice for being heard by a larger Bench consisting of more than three Judges. " Section 125 of the Code of Criminal Procedure which deals with the right of maintenance reads thus: "Order for maintenance of wives	 children and parents 125. (1) If any person having sufficient means neglects or refuses to maintain (a) his wife	 unable to maintain herself	 (b). (c). (d). a Magistrate of the first class may	 upon proof of such neglecter refusal	 order such person to make a monthly allowance for the maintenance of his wife . at such monthly rate not exceeding five hundred rupees in the whole as such Magistrate think fit Explanation For the purposes of this Chapter	 (a). (b) "Wife" includes a woman who has been divorced by	 or has obtained a divorce from	 her husband has not remarried. 853 (3) If any person so ordered fails without sufficient cause to comply with the order	 any such Magistrate may	 for every breach of the order	 issue a warrant for levying the amount due in the manner provided for levying fines	 and may sentence such person	 for the whole or any part of each month 's allowance remaining unpaid after the execution of the warrant	 to imprisonment for a term which may extend to one month or until payment if sooner made: Provided. Provided further that if such person offers to maintain his wife on condition of her living with him. and she refuses to live with him	 such Magistrate may consider any grounds of refusal stated by her	 and may make an order under this section notwithstanding such offer	 if he is satisfied that there is just ground for so doing. Explanation If a husband has contracted marriage with another woman or keeps a mistress	 it shall be considered to be just ground for his wife 's refusal to live with him." Section 127(3)(b)	 on which the appellant has built up the edifice of his defence reads thus: "Alteration in allowance 127. (1). . (2). (3) Where any order has been made under section 125 in favour of a woman who has been divorced by	 or has obtained a divorce from her husband	 the Magistrate shall	 if he is satisfied that (a). . (b) the woman has been divorced by her husband and that she has received	 whether before or after the date of the said order	 the whole of the Sum which	 854 under any customary or personal law applicable to the parties	 was payable on such divorce	 cancel such order	 (i) in the case where such sum was paid before such order	 from the date on which such order was made. (ii) in any other case	 from the date of expiry of the period	 if any	 for Which maintenance has been actually paid by the husband to the woman. " Under section 125(1)(a)	 a person who	 having sufficient means	 neglects or refuses to maintain his wife who is unable to maintain herself	 can be asked by the court to pay a monthly maintenance to her at a rate not exceeding Five Hundred rupees. By clause (b) of the Explanation to section 125(1)	 'wife ' includes a divorced woman who has not remarried. These provisions are too clear and precise to admit of any doubt or refinement. The religion professed by a spouse or by the spouses has no place in the scheme of these provisions. Whether the spouses are Hindus or Muslims	 Christians or Parsis	 pagans or heathens	 is wholly irrelevant in the application of these provisions. The reason for this is axiomatic	 in the sense that section 125 is a part of the Code of Criminal Procedure	 not of the Civil Laws which define and govern The rights and obligations of the parties belonging to particular	 religions	 like the Hindu Adoptions and Maintenance Act	 the Shariat	 or the Parsi Matrimonial Act. Section 125 was enacted in order to provide a quick and summary remedy to a class of persons who are unable to maintain themselves. What difference would it then make as to what is the religion professed by the neglected wife	 child or parent ? Neglect by a person of sufficient means to maintain these and the inability of these persons to maintain themselves are the objective criteria which determine the applicability of section 125. Such provisions	 which are essentially of a prophylactic nature	 cut across the barriers of religion. True	 that they do not supplant the personal law of the parties but	 equally the religion professed by the parties or the state of the personal law by which they are governed	 cannot have any repercussion on the applicability of such laws unless	 within the framework of the Constitution	 their application is restricted to a defined category of religious groups or classes. The liability imposed by section 125 to maintain close relatives who are indigent is founded upon the individual 's obligation to the society to prevent vagrancy and 855 destitution. That is the moral edict of the law and morality cannot be clubbed with religion. Clause (b) of the Explanation to section 125(1)	 which defines 'wife ' as including a divorced wife	 contains no words of limitation to justify the exclusion of Muslim women from its scope. Section 125 is truly secular in character. Sir James FitzJames Stephen who piloted the Code of Criminal Procedure	 1872 as a Legal Member of the Viceroy 's Council	 described the precursor of Chapter IX of the Code in which section 125 occurs	 as 'a mode of preventing vagrancy or at least of preventing its consequences. In Jagir kaur vs Jaswont Singh	(1) Subba Rao	 J. speaking for the Court said that Chapter XXXVI of the Code of 1898 which contained section 488	 corresponding to section 125	 "intends to serve a social purpose". In Nanak Chand vs Shri Chandra Kishore Agarwala.(2) Sikri	 J.	 while pointing out that the scope of the and that of section 488 was different	 said that section 488 was "applicable to all persons belonging to all religions and has no relationship with the personal law of the parties". Under section 488 of the Code of 1898	 the wife 's right to maintenance depended upon the continuance of her married status. Therefore	 that. right could be defeated by the husband by divorcing her unilaterally as under the Muslim Personal Law	 or by obtaining a decree of divorce against her under the other systems of law. It was in order to remove this hardship that the Joint Committee recommended that the benefit of the provisions regarding maintenance should be	 extended to a divorced woman	 so long as she has not remarried after the divorce. That is the genesis of clause (b) of the Explanation to section 125(1)	 which provides that 'wife ' includes a woman who has been divorced by	 or has obtained a divorce from her husband and has not remarried. Even in the absence of this provision	 the courts had held under the Code of 1&98 that the provisions regarding maintenance were independent of the personal law governing the parties. The induction of the definition of 'wife	 so as to include a divorced woman lends even greater weight to that (1) ; 	 84. (2) 1970 (l) S CR 565. 856 conclusion. 'Wife ' means a wife as defined	 irrespective of the religion professed by her or by her husband. Therefor	 a divorced Muslim woman	 so long as she has not remarried	 is a 'wife ' for the purpose of section 125. The statutory right available to her under that section is unaffected by the provisions of the personal law applicable to her. The conclusion that the right conferred by section 125 can be exercised irrespective of the personal law of the parties is fortified	 especially in regard to Muslims	 by the provision contained in the Explanation to the second proviso to section 125(3) of the Code. That proviso says that if the husband offers to maintain his wife on condition that she should live with him	 and she refuses to live with him	 the Magistrate may consider any grounds of refusal stated by her	 and may make an order of maintenance not with standing the offer of the husband	 if he is satisfied that there is a just ground for passing such an order. According to the Explanation to the proviso: "If a husband has contracted marriage with another woman or keeps a mistress	 it shall be considered to be just ground for his wife 's refusal to live with him. " It is too well known that "A Mahomedan may have as many as four wives at the same time but not more. If he marries a fifth wife when he has already four	 the marriage is not void	 but merely irregular". (See Mulla 's Mahomedan Law	18th Edition	 paragraph 25S	 page 285	 quoting Baillie 's Digest of Moohummudan Law; and Ameer Ali 's Mahomedan Law	 5th Edition	 Vol. II	 page 280). The explanation confers upon the wife the right to refuse to live with her husband if he contracts another marriage	 leave alone 3 or 4 other marriages. It shows	 unmistakably	 that section 125 overrides the personal law	 if is any there conflict between the two. The whole of this discussion as to whether the right conferred by section 125 prevails over the personal law of the parties	 has proceeded on the assumption that there is a conflict between the provisions of that section and those of the Muslim Personal Law. The argument that by reason of section 2 of the Shariat Act	 857 XXVI of 1937	 the rule of decision in matters relating	 inter alia	 to maintenance "shall be the Muslim Personal Law" also proceeds upon a similar assumption. We embarked upon the decision of the question of priority between the Code and the Muslim Personal Law on the assumption that there was a conflict between the two because	 in so far as it lies in our power	 we wanted to set at rest	 once for all	 the question whether section 125 would prevail over the personal law of the parties	 in cases where they are in conflict. The next logical step to take is to examine the question	 on which considerable argument has been advanced before us	 whether there is any conflict between the provisions of section 125 and those of the Muslim Personal Law on the liability of the Muslim husband to provide for the maintenance of his divorced wife. The contention of the husband and of the interveners who support him is that	 under the Muslim Personal Law	 the liability of the husband to maintain a divorced wife is limited to the period of iddat. In support of this proposition	 they rely upon the statement of law on the point contained in certain text books. In Mulla 's Mahomedan Law (18th Edition	 para 279	 page 301)	 there is a statement to the effect that	 "After divorce	 the wife is entitled to maintenance during the period of iddat". At page 302	 the learned author says: 'Where an order is made for the maintenance of a wife under section 488 of the Criminal Procedure Code and the wife is afterwards divorced	 the order ceases to operate on the expiration of the period of iddat. The result is that a Mahomedan may defeat an order made against him under section 488 by divorcing his wife immediately after the order is made. His obligation to maintain his wife will cease in that case on the completion of her iddat	 Tyabji 's Muslim law (4th Edition, para 304, pages 268 269). contains the statement that: On the expiration of the iddat after talaq	 the wife 's right to maintenance ceases	 whether based on the Muslim 858 Law	 or on an order under the Criminal Procedure Code " According to Dr Paras Diwan: "When a marriage is dissolved by divorce the wife is entitled to maintenance during the period of iddat. On the expiration of the period of iddat	 the wife is not entitled to any maintenance under any circumstances. Muslim Law does not recognise any obligation on the part of a man to maintain a wife whom he had divorced." (Muslim Law in Modern India	 1982 Edition	 page 130) These statements in the text book are inadequate to establish the proposition that the Muslim husband is not under an obligation to provide for the maintenance of his divorced wife	 who is unable to maintain herself. One must have regard to the entire conspectus of the Muslim Personal Law in order to determine the extent both	 in quantum and induration	 of the husband 's liability to provide for the maintenance of an indigent wife who has been divorced by him. Under that law	 the husband is bound to pay Mahr to the wife as a mark of respect to her. True	 that he may settle any amount he likes by way of dower upon his wife	 which cannot be less than 10 Dir hams	 which is equivalent to three or four rupees (Mulla 's Mahomedan Law	 18th Edition	 para 286	 page 308). But	 one must have regard to the realities of life Mahr is a mark of respect to the wife. The sum settled by way of Mahr is generally expected to take care of the ordinary requirements of the wife	 during the marriage and after. But these provisions of the Muslim Personal Law do not countenance cases in which the wife is unable to maintain herself after the divorce. We consider it not only incorrect but unjust	 to extend the scope of the statements extracted above to cases in which a divorced wife is unable to maintain herself. We are of the opinton that the application of those statements of law must be restricted to that class of cases	 in which there is no possibility of vagrancy or destitution arising out of the indigence of the divorced wife. We are not concerned here with the broad and general question whether a husband is liable to maintain his wife	 which includes a divorced wife	 in all circumstances and at all events. That is not the subject matter of section 125. That section deals with cases in which	 a person who is possessed of sufficient means neglects or refuses to maintain	 amongst others	 his wife who is unable to maintain 859 herself. Since the Muslim Personal Law	 which limits the husband 's liability to provide for the maintenance of the divorced wife to the period of iddat	 does not contemplate or countenance the situation envisaged by section 125	 it would be wrong to hold that the Muslim husband	 according to his personal law	 is not under all obligation to provide maintenance	 beyond the period of iddat	 to his divorced wife who is unable to maintain herself. The argument of the appellant that	 according to the Muslim Personal Law	 his liability to provide for the maintenance of his divorced wife is limited to the period of iddat	 despite the fact she is unable to maintain herself	 has therefore to be rejected. The true position is that	 if the divorced wife is able to maintain herself	 the husband 's liability to provide maintenance for her ceases with the expiration of the period of iddat. If she is unable to maintain herself	 she is entitled to take recourse to section 125 of the Code. The outcome of this discussion is that there is no conflict between the provisions of section 125 and those of the Muslim Personal Law on the question of the Muslim husband 's obligation to provide maintenance for a divorced wife who is unable to maintain herself. There can be no greater authority on this question than the Holy Quran	 "The Quran	 the Sacred Book of Islam	 comprises in its 114 Suras or chapters	 the total of revelations believed to have been communicated to Prophet Muhammed	 as a final expression of God 's will". (The Quran Interpreted by Arthur J. Arberry). Verses (Aiyats) 241 and 242 . of the Quran show that according to the Prophet	 there is an obligation on Muslim husbands to provide for their divorced wives. The Arabic version of those Aiyats and their English translation are reproduced below: Arabic version English version Ayat No. 241 For divorced women WA LIL MOTALLAQATAY Maintenance (should be MATA UN Provided) BIL MAAROOFAY On a reasonable (Scale) HAQQAN This is a duty ALAL MUTTAQEENA On the righteous. Ayat No. 242 KAZALEKA YUBAIYYANULLAHO Thus doth God 860 LAKUM AYATEHEE LA ALLAKUM Make clear His Signs TAQELOON To you: in order that ye may understand. (See 'The Holy Quran ' by Yusuf Ali	 Page 96). The correctness of the translation of these Aiyats is not in dispute except that	 the contention of the appellant is that the word 'Mata ' in Aiyat No. 241 means 'provision ' and not 'maintenance '. That is a distinction without a difference. Nor are we impressed by the shuffling plea of the All India Muslim Personal Law Board that	 in Aiyat 241	 the exhortation is to the ' Mutta Queena '	 that is	 to the more pious and the more God fearing	 not to the general run of the Muslims	 the 'Muslminin '. In Aiyat 242	 the Quran says: "It is expected that you will use your commonsense". The English version of the two Aiyats in Muhammad Zafrullah Khan 's 'The Quran ' (page 38) reads thus: "For divorced women also there shall be provision according to what is fair. This is an obligation binding on the righteous. Thus does Allah make His commandments clear to you that you may understand. " The translation of Aiyats 240 to 242 in 'The Meaning of the Quran ' (Vol. I	 published by the Board of Islamic Publications	 Delhi) reads thus . "240 241. Those of you	 who shall die and leave wives behind them	 should make a will to the effect that they should be provided with a year 's maintenance and should not be turned out of their homes. But if they leave their homes of their own accord	 you shall not be answerable for whatever they choose for themselves in a fair way; Allah is All Powerful	 All wise. Likewise	 the divorced women should also be given something in accordance with the known fair standard. This is an obligation upon the God fearing people. 861 242. A Thus Allah makes clear His commandments for you: It is expected that you will use your commonsense. " In "The Running Commentary of The Holy Quran" (1964 Edition) by Dr. Allamah Khadim Rahmani Nuri	 Aiyat No. 241 is translated thus: "241 And for the divorced woman (also) a provision (should be made) with fairness (in addition to her dower); (This is) a duty (incumbent) on the reverent." In "The Meaning of the Glorious Quran	 Text and Explanatory Translation"	 by Marmaduke Pickthall	 (Taj Company Ltd. 	karachi)	 Aiyat 241 is translated thus: ' 241. For divorced women a provision in kindness: A duty for those who ward off (evil). " Finally	 in "The Quran Interpreted" by Arthur J. Arberry. Aiyat 241 is translated thus: "241. There shall be for divorced women provision honourable an obligation on the god fearing. " So God makes clear His signs for you: Happily you will understand. " Dr. K.R. Nuri in his book quoted above: 'The Running Commentary of the Holy Quran"	 says in the preface: "Belief in Islam does not mean mere confession of the existence of something. It really means the translation of 862 the faith into action. Words without deeds carry no meaning in Islam. Therefore the term "believe and do good" has been used like a phrase all over the Quran. Belief in something means that man should inculcate the qualities or carry out the promptings or guidance of that thing in his action. Belief in Allah means that besides acknowledging the existence of the Author of the Universe	 we are to show obedience to His commandments. " These Aiyats leave no doubt that the Quran imposes an obligation on the Muslim husband to make provision for or to provide maintenance to the divorced wife. The contrary argument does less than justice to the teaching of the Quran. As observed by Mr. M. Hidayatullah in his introduction to Mulla 's Mahomedan Law	 the Quran is Al furqan ' that is one showing truth from falsehood and right from wrong. The second plank of the appellant 's argument is that the respondent 's application under section 125 is liable to be dismissed be cause of the provision contained in section 127 (3) (b). That section provides	 to the extent material	 that the Magistrate shall cancel the order of maintenance	 if the wife is divorced by the husband and	 she has received "the whole of the sum which	 under any customary or personal law applicable to the parties	 was payable on such divorce". That raises the question as to whether	 under the Muslim Personal law	 any sum is payable to the wife 'on divorce '. We do not have to grope in the dark and speculate as to which kind of a sum this can be because	 the only argument advanced before us on behalf of the appellant and by the interveners supporting him	 is that Mahr is the amount payable by the husband to the wife on divorce. We find it impossible to accept this argument. In Mulla 's principles of Mahomedan Law (18th Edition	 page 308)	 Mahr or Dower is defined in paragraph 285 as "a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage." Dr. Paras Diwan in his book	 "Muslim Law in Modern India" (1982 Edition	 page 60)	 criticises this definition on the ground that Mahr is not payable "in consideration of marriage" but is an obligation imposed by law on the husband as a mark of respect for the wife	 as is evident from the 863 fact that non specification of Mahr at the time of marriage does not affect the validity of the marriage. We need not enter into this controversy and indeed	 Mulla`s book itself contains the further statement at page 308 that the word 'consideration ' is not used in the sense in which it is used in the Contract Act and that under the Mohammedan Law	 Dower is an obligation imposed upon the husband as a mark of respect for the wife. We are concerned to find is whether Mahr is an amount payable by the husband to the wife on divorce. Some confusion is caused by the fact that	 under the Muslim Personal Law	 the amount of Mahr is usually split into two parts	 one of which is called "prompt"	 which is payable on demand	 and the other is called "deferred "	 which is payable on the dissolution of the marriage by death or by divorce. But	 the tact that deferred Mahr is payable at the time of the dissolution of marriage	 cannot justify the conclusion that it is payable 'on divorce '. Even assuming that	 in a given case	 the entire amount of Mahr is of the deferred variety payable on the dissolution of marriage by divorce	 it cannot be said that it is an amount which is payable on divorce. Divorce may be a convenient or identifiable point of time at which the deferred amount has to be paid by the husband to the wife. But	 the payment of the amount is not occasioned by the divorce	 which is what is meant by the expression 'on divorce '	 which occurs in section 127 (3) (b) of the Code. If Mahr is an amount which the wife is entitled to receive from the husband hl consideration of the marriage	 that is the very opposite of the amount being payable in consideration of divorce. Divorce dissolves the Marriage. Therefore no amount which is payable in consideration of the marriage can possibly be described as an amount payable in consideration of divorce. The alternative premise that Mahr is an obligation imposed upon the husband as a mark of respect for the wife	 is wholly detrimental to the stance that it is an amount payable to the wife on divorce. A man may marry a woman for love	 looks	 learning or nothing at all. he may settle a sum upon her as a mark of respect for her. But he does not divorce her as a mark of respect. Therefore	 a sum payable to the wife out of respect cannot be a sum payable 'on divorce '. In an appeal from a Full Bench decision of the Allahabad High Court	 the Privy Council in Hamira Bibi vs Zubaide Bibi(1) sum (1) 43 1. A. 294. 864 med up the nature and character of Mahr in these words: "Dower is an essential incident under the Muslim Law to the status of marriage; to such an extent that is so that when it is unspecified at the time the marriage is contracted	 the law declares that it must be adjudged on definite principles. Regarded as a consideration for the marriage	 it is	 in theory	 payable before consummation; but the law allows its division into two parts	 one of which is called "prompt" payable before the wife can be called upon to enter the conjugal domicil; the other " deferred"	 payable on the dissolution of the contract by the death of either of the parties or by divorce." (p. 300 301) This statement of law was adopted in another decision of the Privy Council in Syed Sabir Husain vs Farzand Hasan.(1) It is not quite appropriate and seems invidious to describe any particular Bench of a court as "strong" but	 we cannot resist the temptation of mentioning that Mr. Syed Ameer Ali was a party to the decision in Hamira Bibi while Sir Shadi Lal was a party to the decision in Syed Sabir Husain. These decisions show that the payment of dower may be deferred to a future date as	 for example	 death or divorce. But	 that does not mean that the payment of the deferred dower is occasioned by these events. It is contended on behalf of the appellant that the proceedings of the Rajya Sabha dated December 18	 1973 (volume 86	 column 186)	 when the bill which led to the Code of 1973 was on the anvil	 would show that the intention of the Parliament was to leave the provisions of the Muslim Personal Law untouched. In this behalf	 reliance is placed on the following statement made by Shri Ram Niwas Mirdha	 the then Minister of State	 Home Affairs: "Dr. Vyas very learnedly made certain observations that a divorced wife under the Muslim law deserves to be treated justly and she should get what is her equitable or legal due. Well	 I will not go into this	 but say that we would not like to interfere with the customary law of the Muslims through the Criminal Procedure Code. If there is (1) 65 I.A. 119	 127 865 a demand for change in the Muslim Personal Law	 it should actually come from the Muslim Community itself and we should wait for the Muslim public opinion on these matters to crystalise before we try to change this customary right or make changes in their personal law. Above all	 this is hardly	 the place where we could do so. But as I tried to explain	 the provision in the Bill is an advance over the previous situation. Divorced women have been included and brought within the admit of clause 125	 but a limitation is being imposed by this amendment to clause 127	 namely	 that the maintenance orders would ceases to operate after the amounts due to her under the personal law are paid to her. This is a healthy compromise between wh lt has been termed a conservative interpretation of law or a concession to conservative public opinion and liberal approach to the problem. We have made an advance and not tried to transgress what are the personal rights of Muslim women. So this	 I think	 should satisfy Hon. Members that whatever advance we have made is in the right direction and it should be welcomed. " lt does appear from this speech that the Government did not desire to interfere with the personal law of the Muslim through the Criminal Procedure Code. It wanted the Muslim community to take the lead and the Muslim public opinion to crystalise on the reforms in their personal law. However	 we do not concerned with the question whether the Government did not desire to bring about changes in the Muslim Personal Law by enacting sections 125 and 127 of the Code. As we have said earlier and	 as admitted by the Minister	 the Government did introduce such a change by defining the expression 'wife ' to include a divorced wife. It also introduced another significant change by providing that the fact that the husband has contracted marriage with another woman is a just ground for the wife 's refusal to live with him. The provision contained in section 127 (3) (b) may have been introduces because of the misconception that dower is an amount payable "on divorce". But	 that cannot convert an amount payable as a mark of respect for the wife into an amount payable on divorce. It must follow from this discussion	 unavoidably a little too long	 that the judgments of this Court in Bai Tahira (Krishna 866 Iyer J.	 Tulzapurkar J. and Pathak J.) and Fazlunbi (Krishna Iyer	 J.	) one of us	 Chinnappa Reddy J. and A. P. Sen J.) are correct. Justice Krishna Iyer who spoke for the Court in both these cases	 relied greatly on the teleological and schematic method of interpretation so as to advance the purpose of the law. These constructional techniques have their own importance in the interpretation of statutes meant to ameliorate the conditions of suffering sections of the society. We have attempted to show that taking the language of the statute as one finds it	 there is no escape from the conclusion that a divorced Muslim wife is entitled to apply for maintenance under section 125 and that	 Mahr is not a sum which	 under the Muslim Personal Law	 is payable on divorce. Though Bai Tahira was correctly decided	 we would like	 respectfully	 to draw attention to an error which has crept in the judgement There is a statement at page 80 of the report	 in the context of section 127 (3) (b)	 that "payment of Mahr money	 as a customary discharge	 is within the cognizance of that provision". We have taken the view that Mahr	 not being payable on divorce	 does not fall within the meaning of that provision. It is a matter of deep regret that some of the interveners who supported the appellant	 took up an extreme position by displaying an unwarranted zeal to defeat the right to maintenance of women who are unable to maintain themselves. The written submissions of the All India Muslim Personal Law Board have gone to the length of asserting that it is irrelevant to inquire as to how a Muslim divorce should maintain herself. The facile answer of the Board is (that the Personal Law has devised the system of Mahr to meet the requirements of women and if a woman is indigent	 she must look to her relations	 including nephew and cousins	 to support her. This is a most unreasonable view of law as well as life. We appreciate that Begum Temur Jehan	 a social worker who has been working in association with the Delhi City Women 's Association for the uplift of Muslim women	 intervened to support Mr. Daniel Latifi who appeared on behalf of the wife It is also a matter of regret that Article 44 of our Constitution has remained a dead letter. It provides that "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". There is no evidence of any official activity for 867 framing a common civil code for the country. A belief seems to have gained ground that it is for the Muslim community to take a lead in the matter of reforms of their personal law. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. No community is likely to bell the cat by making gratuitous concessions on this issue. It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country and	 unquestionably	 it has the legislative competence to do so. A counsel in the case whispered	 somewhat audibly	 that legislative competence is one thing	 the political courage to use that competence is quite another. We understand the difficulties involved in bringing persons of different faiths and persuasions on a common platform But	 a beginning has to be made if the Constitution is to have any meaning. Inevitably	 the role of the reformer has to be assumed by the courts because	 it is beyond the endurance of sensitive minds to allow injustice to be suffered when it is so palpable. But piecemeal attempts of courts to bridge the gap between personal Laws cannot take the place of a common Civil Code. Justice to all is a far more satisfactory way of dispensing justice than justice from case to case. Dr. Tahir Mahmood in his book 'Muslim Personal Law ' (1977 Edition	 pages 200 202)	 has made a powerful plea for framing a uniform Civil Code for all citizens of India. He says: "In pursuance of the goal of secularism	 the State must stop administering religion based personal laws". He wants the lead to come from the majority community but	 we should have thought that	 lead or no lead	 the State must act. It would be useful to quote the appeal made by the author to the Muslim community: "Instead of wasting their energies in exerting theological and political pressure in order to secure an "immunity" for their traditional personal law from the state` legislative jurisdiction	 the Muslim will do well to begin exploring and demonstrating how the true Islamic laws	 purged of their time worn and anachronistic interpretations	 can enrich the common civil code of India. " At a Seminar held on October 18	 1980 under the auspices of the Department of Islamic and Comparative Law	 Indian Institute of Islamic Studies New Delhi? he also made an appeal to the 868 Muslim community to display by their conduct a correct understanding of Islamic concepts on marriage and divorce (See Islam and Comparative Law Quarterly	 April June	 1981	 page 146). Before we conclude	 we would like to draw attention to the Report of the Commission on marriage and Family Laws	 which was appointed by the Government of Pakistan by a Resolution dated August 4	 1955. The answer of the Commission to Question No.5 (page 1215 of the Report) is that "a large number of middle aged women who are being divorced without rhyme or reason should not be thrown on the streets without a roof over their heads and without any means of sustaining themselves and their children." The Report concludes thus: "In the words of Allama Iqbal	 "the question which is likely to confront Muslim countries in the near future	 is whether the law of Islam is capable of evolution a question which will require great intellectual effort	 and is sure to he answered in the affirmative " For these reasons	 we dismiss the appeal and confirm the judgment of the High Court. The appellant will pay the costs of the appeal to respondent 1	 which we quantify at rupees ten thousand. It is needless to add that it would be open to the respondent to make an application under section 127 (1) of the Code for increasing the allowance of maintenance granted to her on proof of a change in the circumstances as envisaged by that section.

Under section 125 (1) (a)	 if any person	 having sufficient means neglects or refuses to maintain his wife	 unable to maintain herself	 a Magistrate of the first class may	 upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of his wife at such monthly rate not exceeding five hundred rupees in the whole. Under Explanation (b) thereunder ' wife" includes a woman who has been divorced by	 or has obtained a divorce from her husband and has not remarried. Under the explanation below sub section 3 of section 125	 if a husband has contracted marriage with another woman or keeps a mistress it shall be considered to be a just ground for his wife 's refusal to live with him. Keeping this in view	 if in the trial arising out of 845 an application made under section 125	 and if the husband offers to maintain his wife on condition of living with him	 the Magistrate may consider any of the grounds of the wife 's refusal to live with her husband before ordering the maintenance. Under section 127 (3) (b)	 the Magistrate shall cancel the order passed by him under section 125	 in favour of a woman who has been divorced by	 or has obtained a divorce from her husband if the woman who has been divorced by her husband has received	 whether before or after the date of the said order	 the whole of the sum	 which	 under any customary or personal law applicable to the parties was payable on such divorce. The appellant. who is an advocate by profession was married to the respondent in 1932. Three ions and two daughters were born of that marriage In 1975	 the appellant drove the respondent out of the matrimonial home. In April 1978	 the respondent filed a petition against the appellant under section 125 of the Code of Criminal Procedure	 in the Court of the Judicial Magistrate (First class) Indore	 asking for maintenance at the rate of Rs. 500 per month	 in view of the professional income of the appellant which was about Rs. 60	000 per annum. On November 6	 1978	 the appellant divorced the respondent by an irrevocable "talaq" and took up the defence that she had ceased to be his wife by reason of the divorce granted by him; that he was	 therefore	 under no obligation to provide maintenance for her; that he had already paid maintenance for her at the rate of Rs. 200 per month for about two years	 and that	 he had deposited a sum of Rs. 3	000 in the court by way of "dower or Mahr" during the period of "iddat". In August 1979	 the Magistrate directed the appellant to pay a princely sum of Rs. 25 per month to the respondent by way of maintenance. In a revisional application Sled by the respondent the High Court of Madhya Pradesh enhanced the amount of maintenance to Rs. 179.20 per month. Hence the appeal by special leave by the husband. The view taken in the earlier two three Judges ' Benches of the Supreme Court presided over by Krishna Iyer	 J. and reported in ; 	 and ; 	 to the effect that section 125 of the Code applies to Muslims also and that therefore	 the divorced Muslim wife is entitled to apply for maintenance was doubted	 by the Bench consisting of Fazal Ali and Varadarajan	 JJ.	 since in their opinion the said decisions required reconsideration by a larger Bench consisting of more than three judges as the decisions are not only in direct contravention of the plain and unambiguous language of section 127 (3) (b) of the Code which far from overriding the Muslim law on the subject protects and applies the same in case where a wife has been divorced by the husband and the dower specified has been paid and the period of iddat has been observed but also militates against the fundamental concept of divorce by the husband and its consequences under the Muslim law which has been expressly protected by section 2 of the Muslim Personal Law (Shariat) Application Act	 1937 an Act which was not noticed in the said two decisions. Dismissing the appeals	 the Court ^ Held: (Per Chandrachud	 C. J.) 1. The Judgments of the Supreme Court in Bai Tahira (Krishna lyer	 J.	 Tulzapurkar	 J. and Pathak	 J.) and Fazlunbi (Krishna pyer	 J	 Chinnappa 846 Reddy	 J. and A.P. Sen	 J.) are correct	 except to the extent that the statement at page 80 of the report in Bal Tahira made in the context of section 127 (3) (b) namely	 "payment of Mahr money	 as a customary discharge is within the cognizance of that provision". Justice Krishna Lyre who spoke for the Court in both these cases	 relied greatly on the teleological and schematic method of interpretation 90 as to advance the purpose of the law. These constructional techniques have their own importance in the interpretation of statutes meant to ameliorate the conditions of suffering sections of the society. A divorced Muslim wife is	 therefore	 entitled to apply for maintenance under section 125 of the Code. [865H	 866A C] 2.1 Clause (b) of the Explanation to section 125 (1) of the Code	 which defines "wife" as including a divorced wife	 contains no words of limitation to justify the exclusion of Muslim women from its scope. Wife	 means a wife as defined	 irrespective of the religion professed by her or by her husband. Therefore	 a divorced Muslim woman so long as she has not married	 is a wife for the purpose of section 125. [855A B: 854B] 2.2 Under section 488 of the Code of 1898	 the wife 's right to maintenance depended upon the continuance of her married status. Therefore	 that right could be defeated by the husband by divorcing her unilaterally as under the Muslim Personal Law	 or by obtaining a decree of divorce against her under the other systems of law. It was in order to remove this hardship that the Joint Committee recommended that the benefit of the provisions regarding maintenance should be extended to a divorced woman	 so long as she has not re married after the divorce. That is the genesis of clause (b) of the Explanation to section 125 (I). Section 125 of the Code is truly secular in character. Section 125 was enacted in order to provide a quick and summary remedy to a class of persons who are unable to maintain themselves. Whether the spouses are Hindus or Muslims	 Christians or Parsis	 Pagans or Heathens	 is wholly irrelevant in the application of these provisions. The reason for this is axiomatic	 in the sense that section 125 is a part of the Code of Criminal Procedure not of the Civil Laws which define and govern the rights and obligations of the parties belonging to particular relations	 like the Hindu Adoptions and Maintenance Act	 The Shariat	 or the Parsi Matrimonial Act. It would make no difference as to what ii the religion professed by the neglected wife	 child or parent. [834D E: 855E G] 2.3 Neglect by a person of sufficient means to maintain these and the inability of these persons to maintain themselves are the objective criteria which determine the applicability of section 125. Such provisions	 which are essentially of a prophylactic nature	 cut across the barriers of religion. True that they do not supplant the personal law of the parties but	 equally	 the religion professed by the parties or the state of the personal law by which they are governed	 cannot have any repercussion on the applicability of such laws unless	 within the framework of the Constitution	 their application is restricted to a defined category of religious groups or classes The liability imposed by section 125 to maintain close relatives who are indigent is founded upon the indi 847 viduals ' obligation to the society t a prevent vagrancy and destitution. That is the moral edict of the law and morality cannot be clubbed With relation. [834G Hl That the right conferred by section 125 can be exercised irrespective of the personal law of the parties	 is fortified	 especially in regard to Muslims	 by the provision contained in the Explanation to the second proviso to section 125 (3) of the Code. The explanation confers upon the wife the right to refuse to live with her husband if he contracts another marriage leave alone	 three or four other marriages	 which a Mohammedan may have under the Islamic law. Further it shows unmistakably	 that section 125 overrides the personal law	 if there is any conflict between the two [836B C	F G] Jagir Kaur vs Jaswant Singh	 ; 	84	 Nanak Chand vs Shri Chandra Kishore Agarwala	 11970] I SCR 56C applied. 3.1 The contention that	 according to Muslim Personal Law the husband 's liability to provide for the maintenance of his divorced wife is limited to the period of iddat. despite the fact that she is unable to maintain herself cannot be accepted	 since that law does not contemplate or countenance the situation envisaged by section 125 of the Code. Whether a husband is liable to maintain his wife	 which includes a divorced wife	 in all circumstances	 and at all events is not the subject matter of section 125. Section 125 deals with cases in which a person who is possessed of sufficient means neglects or refuses to maintain amongst others	 his wife who is unable to maintain herself. [838H	 851A B] 3.2 One must have regard to the entire conspectus of the Muslim Personal Law in order to determine the extent	 both in quantum and in duration	 of the husband 's liability to provide for the maintenance of an indigent wife who has been divorced by him. Under that law	 the husband is bound to pay Mahr to the wife as a mark of respect to her. True	 that he may settle any amount he likes by way of dower upon his wife	 which cannot be less than 10 Dirhams which is equivalent to three or four rupees. But one must have regard to the realities of life. Mahr is a mark of respect to the wife. The sum settled by way of Mahr is generally expected to take care of the ordinary requirements of the wife	 during the marriage and after. But these provisions of the Muslim Personal Law do not countenance cases in which the wife is unable to maintain herself after the divorce. The application of those statements of law to the contrary in text books on Muslim Law must be restricted to that class of cases	 in which there is no possibility of vagrancy or destitution arising out of the indigence of the divorced wife. [858D G] 3.3 The true position is that	 if the divorced wife is able to maintain herself	 the husband 's liability to provide maintenance for her ceases with the expiration of the period of iddat. If she is unable to maintain herself	 she is entitled to take recourse to section 125 of the Code. Thus there is no conflict between the provisions of section 125 and those of the Muslim Personal Law on the question of the Muslim husband 's obligation to provide maintenance for a divorced wife 848 who is unable to maintain herself. Aiyat No. 241 and 242 of 'the Holy Koran ' fortify that the Holy Koran imposed an obligation on the Muslim husband to make provision for or to provide maintenance to the divorced wife. The contrary argument does less than justice to the teachings of Koran. [859C D; 862C D] 3.4 Mahr is not the amount payable by the husband to the wife on divorce and therefore	 does not fall within the meaning of section 127 (3) (b) of the Code and the facile answer of the All India Muslim Law Board that the Personal Law has devised the system of Mahr to meet the requirements of women and if a woman is indigent	 she must look to her relations	 including nephews and cousins	 to support her is a most unreasonable view of law as well as of life. [863E F	 866E F] 3.5 It is true under the Muslim Personal Law	 the amount of Mahr is usually split into two parts	 one of which is called 'prompt" which is payable on demand	 and the other is called "deferred"	 which is payable on the dissolution of the marriage by death or by divorce. But	 the fact that deferred Mahr is payable at the time of the dissolution of marriage	 cannot justify that it is payable 'on divorce '. even assuming that	 in a given case	 the entire amount of Mahr is of the deferred variety payable on the dissolution of marriage by divorce	 it cannot be said that it is an amount which is payable on divorce. [863B D] 3.6 Divorce may be a convenient or identifiable point of time at which the deferred amount has to be paid by the husband to the wife. But	 the payment of the amount is not occasioned by the divorce	 which is what is meant by the expression 'on divorce '	 which occurs in section 127 (3) (b) of the Code. If Mahr is an amount which the wife is entitled to receive from the husband in consideration of the marriage	 that is the very opposite of the amount being payable in consideration of divorce. Divorce dissolves the marriage. Therefore. no amount which is payable in consideration of the marriage can possibly be described as an amount payable in consideration of divorce. The alternative premise that Mahr is an obligation imposed upon the husband as a mark of respect for the wife	 is wholly detrimental to the stance that it is an amount payable to the wife on divorce. A man may marry a woman for love	 looks	 learning or nothing at all. And	 he may settle a sum upon her as a mark of respect for her. But he does not divorce her as a mark of respect. Therefore	 a sum payable to the wife out of respect cannot be a sum payable on divorce '. Thus	 the payment of Mahr may be deferred to a future date as	 for example	 death or divorce. But	 that does not mean that the payment of the deferred dower is occasioned by these events. [863D G] Similarly	 the provision contained in section 127 (3) (b) may have been introduced because of the misconception that dower is an amount payable 'on divorce. ' But	 that again cannot convert an amount payable as a mark of respect for the wife into an amount payable on divorce. [863H] Hamira Bibi vs Zubaida Bibi	 43 Indian Appeal 294; Syed Sabir Hussain vs Farzand Hasan	 65 Indian Appeal 119 and 127 referred to. 849 OBSERVATION (Article 44 of our Constitution has remained a dead letter. There is no evidence of any official activity for framing a common civil code for the country. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. It is the State which incharged with the duty of securing a uniform civil code for the citizens of the country and	 unquestionably	 it has the legislative competence to do so. A beginning has to be made if the Constitution is to have any meaning. Inevitably	 the role of the reformer has to be assumed by the courts because	 it is beyond the endurance of sensitive minds to allow injustice to be suffered when it is so palpable. But piecemeal attempts of courts to bridge the gap between personal laws cannot take the place of a common Civil Code. Justice to all is a far more satisfactory way of dispensing justice than justice from case to case.)