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There can be no doubt that under the Mahomedan law the commonest form of divorce is a unilateral declaration of pronouncement of divorce of the wife by the husband according to the various forms recognised by the law. A divorce given unilaterally by the husband is especially peculiar to Mahomedan law. In no other law has the husband got a unilateral right to divorce his wife by a simple declaration because other laws, viz., the Hindu law or the Parsi Marriage and Divorce Act, 1936, contemplate only a dissolution of marriage on certain grounds brought about by one of the spouses in a Court of law.

"the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof."

Thus, a clear distinction has been made between dissolution of marriage brought about by the husband in exercising his unilateral right to divorce and the act of the wife in obtaining a decree for the dissolution of marriage from a civil court under the Act of 1939.

We might further add that our conclusion that the second limb of clause (b) of the Explanation to s. 125 applies also to a situation, where a dissolution of marriage resulting in a decree for divorce brought about by the Act and at the instance of the wife, is fortified and reinforced by the language of clause (c) of sub-section (3) of s. 127 under which maintenance cannot be cancelled on the application of the husband unless the wife voluntarily surrenders her rights to maintenance or relinquishes the same and not otherwise. Thus, tho two limbs of clause (b) of the Explanation to s. 125(1) have separate and different legal incidents-one is reflected in clause (b) of subsection (3) of s. 127 and the other in clause (c) of sub-section (3) of s. 127.