Muslim Women (Protection of Rights on Divorce) Act, 1986–Sec. 3–Code of Criminal Procedure, 1973–Sec. 125–Application u/s. 125–During the pendency of application, divorce took place–Application u/s. 3 for grant of mahr and return of articles–Ordered accordingly–Thereafter, Dismissal of application u/s. 125 on the ground that the appellant had exercised the option u/s. 3–Whether proper ?–Held, no–Application u/s. 125 was filed prior to the date of divorce and it was contested on the merits without raising the plea of consent–Impugned orders set aside and matter remanded back for deciding afresh.
