JUDGMENT : A.L. Dave, J. A common question that arises in this set of petitions is, whether a divorced muslim woman can claim maintenance under Section 125 of the Code of Criminal Procedure. The Courts below have taken a consistent view that a divorced muslim woman can claim maintenance under Section 125 Cr.P.C. Hence, these petitions. 2. Learned Advocate Mr.Shaikh for the petitioners submitted that when there is a special enactment i.e. The Muslim Women (Protection of Rights on Divorce) Act, 1986 ["1986 Act" for short] providing for maintenance to a divorced muslim woman, general law under Section 125 Cr.P.C would not apply and, therefore, the Courts below have erred in upholding the right of divorced muslim women to claim maintenance under Section 125 Cr.P.C. 3. In this context, reference may be made to a decision of this Court in the case of Arab Ahmedbin Abdulla v. Arab Bail Mohmuna Saiyadbhai & Anr., reported in 1988(1) GLR 452 , where this Court held that Muslim Women (Protection of Rights on Divorce) Act, 1986, does not say that the husband is liable to pay maintenance to the divorced wife only during the period of ‘Iddat'. The liability lasts so long as the woman does not remarry and so long as she is in need of maintenance. The Court observed that the Act does not purport to nullify the Supreme Court decision in Shah Bano's case ( AIR 1985 SC 945 ). Ultimately, the Court took a view that there is no provision in 1986 Act, which nullifies the orders passed by the Magistrate under Sections 125 & 127 Cr.P.C ordering the husband to pay maintenance to a divorced muslim woman or takes away the vested rights which are crystalized by the order passed under section 125 or section 127 Cr.P.C. 3.1 Subsequently, a Full Bench of this Court in Special Criminal Application No. 83 of 1989 and allied matters in Bibi Sultan Saiyad Abed Saiyad & Ors. v. Mahammadali Nakiali Haider Mirza & Ors., by order dated 3.4.1998 took a view that if there are conflicting decisions of other Courts, the Courts in Gujarat should follow the decision in the case of Arab Ahmedbin Abdulla v. Arab Bail Mohmuna Saiyadbhai & Anr., reported in 1988(1) GLR 452 , 3.2 This Court again in the case of Mumtazben Jusabbhai v. Mahebubkhan Usmankhan Pathan & Anr, 1999(1) GLR 609 , took a view that in spite of the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986, criminal courts do not cease to have powers to award maintenance to muslim women even after divorce. 3.3 Again, in the case of Sahinda Abdulla Nathalwala v. State of Gujarat, (2001)2 GLR 1646 , the Court said that if during the pendency of application for maintenance under Section 125 of Cr.P.C., the husband gives divorce to the applicant-wife, an order passed under Section 125 of Cr.P.C. by the Magistrate would be legal and would survive. 3.4 Again, in Iqbal Bano V. State of U.P. and Anr., (2007)6 SCC 785 , the Apex Court took a view that the Muslim Women (Protection of Rights on Divorce) Act, 1986 applies only to divorced muslim women and not to the women who are not divorced, and since the proceedings under Section 125 Cr.P.C. and the 1986 Act are tried before the same Court and given the beneficial nature of the 1986 Act, even if a divorced muslim woman applies under Section 125 Cr.P.C, it is open to the Court to treat it as an application under the 1986 Act. 3.5 Lastly, by a decision in the case of Shabana Bano v. Imran Khan, 2010(1) GLR 223 , the dispute is now set at rest, wherein, after considering various decisions, the Apex Court took a view that even a divorced woman would be entitled to claim maintenance from her divorced husband, as long as she does not remarry, and this being a beneficial piece of legislation, the benefit thereof must accrue to the divorced muslim woman. The Court also crystallized the right of divorced muslim women by observing that eve if a muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr.P.C., after the expiry of period of iddat also, so long as she does not remarry. 4. The Court also crystallized the right of divorced muslim women by observing that eve if a muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 of the Cr.P.C., after the expiry of period of iddat also, so long as she does not remarry. 4. In the light of the above development of law, no error can be said to have been committed by the Courts below, The petitions, therefore, must fail and stand dismissed. Rule in each petition is discharged. Interim relief, if any, shall stand vacated. R & P, if called for, shall be sent back to the Courts below. Petitions dismissed.