DEBRA CLARE SEYMOUR Vs. PRADEEP ARNOLD SEYMOUR

JUDGEMENT

(1.) . The parties are Christians. The petitioner wife had initially sought a decree for judicial separation on the ground of cruelty but subsequently converted it into a petition for dissolution of marriage though under Section 10 of the Indian Divorce Act, 1869, a Christian wife subjected to cruelty cannot seek divorce on the ground of cruelty alone unless it is accompanied with the ground of adultery whereas a Christian husband can dissolve the marriage on the ground of adultery alone. Relevant extracts of Section 10 are as under:-

(2.) . As is apparent from the aforesaid provisions the Indian divorce Act treats Christian wives differently not only than the women belonging to the other religions but also on the ground of sex. On the one hand the Christian woman has to prove adultery to put an end to the marriage even if she succeeds in proving cruelty unto her while on the other hand the husband can break the marital bond if he succeeds in proving unto him or adultery alone. The bias against females is writ large. I am reminded of the Paul's words to the Ephesians in the New Testament:- "wives submit yourself unto your own husbands as unto the Lord. For the husband is the head of wife, even as Christ is the head of the Church and he is the saviour of the body........."

(3.) . Even otherwise such a discrimination is per se violative of Articles 14 & 15 of the Constitution. Article 14 mandates the State not to deny to any person equality before the law or equal protection of the laws within the territory of India. The mandate of Article 15 is that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.