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12. Section 319 of Mahomedan Law deals with khula and mubara'at. Under Sub section (1) a marriage may be dissolved not only by talak, which is the arbitrary act of the husband, but also by agreement between the husband and wife. A dissolution of marriage by agreement may take the form of khula or mubara'at. Sub Section 2 deals with divorce by khula which is a divorce at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage tie. In such a case, the terms of the bargain are matters of arrangement between the husband and the wife and the wife, as the consideration, may release her dyn-mahr (dower) and other rights, or make any other agreement for the benefit of the husband. Khula is effected by an offer from the wife to compensate the husband, if he releases her from her marital ties, and acceptance by the husband of the offer. Once the offer is accepted it operates as a single irrevocable divorce (talak-i-bain) and its operation is not postponed until execution of the khulanama (deed of khula).

13. Sub section 3 deals with divorce by mubara'at. Sub section 3 reads.

"(3) A mubara'at divorce like khula, is a dissolution of marriage by agreement, but there is a difference between the origin of the two. When the aversion is on the side of the wife, and she desires a separation, the transaction is called khula. When the aversion is mutual, and both the sides desire a separation, the transaction is called mubara'at. The offer in a mubara'at divorce may proceed from the wife, or it may proceed from the husband, but once it is accepted, the dissolution is complete, and it operates as a talak-i-bain as in the case of khula."

Sub section 4 provides that as in talak, both in khula and mubara'at wife is bound to observe the Iddat as provided under Section 257. Under Section 257 Iddat may be described as the period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death to remain in seclusion and to abstain from marrying another husband. When the wife is bound to observe Iddat and Iddat is observed irrespective of a dissolution by mubara'at or khula the husband is liable to pay maintenance for the Iddat period. It is clear from Section 320 also. Section 320 reads.

"320.Effect of khula and mubara'at divorce.-- Unless it is otherwise provided by the contract, a divorce effected by khula or mubara'at operates as a release by the wife of her dower, but it does not affect the liability of the husband to maintain her during her iddat, or to maintain his children by her."

Therefore, irrespective of the position whether the dissolution of marriage was by talak or khula or mubara'at a divorced wife is entitled to maintenance during her Iddat period. Section 323 provides for dissolution of Muslim marriage under the Dissolution of Muslim Marriages Act. Hence whether the dissolution is under Talak or khula or Mubara'at or under the Dissolution of Muslim Marriage Act, if the divorce is in accordance with the Muslim law, she is a divorced wife. This court in Mytheen's case supra held "7. Under Muhammadan Law, a woman can be divorced through "Talak-al-sunna", or through 'Talak-al-bida' or 'Talak-