MARY SONIA ZACHARIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The constitutional validity of S.10 of the Indian Divorce Act, 1869 (for short "the Act") which regulated divorce among Christians in India for a century and a quarter is directly under challenge in the two Original Petitions at the instance of two Christian women on the ground that the provisions in S.10 are violative of the fundamental rights guaranteed to them and other similarly situated Christian women under Art.14, 15 and 21 of the Constitution of India.

(2.) Mary Sonia Zachariah, petitioner in O.P.No.5805 of 1988 is a Syrian Christian governed by the Act. At the time, of filing the O.P. she was aged 36 and was working as an Asst. Warden at Corpus Christi School, Kottayam. She was married to one P.C. Zachariah on 6-1-1972 at Emmanuel Marthoma Church, Pazhanni, Thrissur according to the customary rites and ceremonies of the church. A daughter, Elizabeth Zachariah @ Kittu was born out of the said wedlock on 16-9-1974. On the basis of Exts. P3 and P4 letters the petitioner has specifically pleaded that her husband has taken an irreversible decision to live with an English lady whom he met while in Nairobi where he was employed from 1977 onwards, deserting the petitioner and her child once and for all. Petitioner has specifically alleged that from 1978 onwards her husband has deserted her and has not cared to cohabit with her or to perform any of the marital obligations and to maintain her and her daughter. She has further alleged in the petition that she is not even aware of the whereabouts of her husband at present.

(3.) Originally, Union of India, State of Kerala and the husband of the petitioner alone were impleaded as parties to the O.P. Later certain individuals, association of persons, cultural and social institutions such as Suhruth, Reg.No.404/88, Kottayam; Kerala Manila Samajam, Vazhuthacaud, Trivandrum; Janakiya Vimochana Viswas Prasthanam belonging to the Central Kerala CSI, Diocese; YMCA of Bombay; Indian Federation of Women Lawyers, Kerala Branch; Christian Institute for the study of Religion and Society, Poulose Mar Poulose, Bishop, Church of East in his capacity as Chairperson, World Student Christian Federation; Fr. K.V. Poulose, Vicar, St. Thomas Orthodox Church, Changanacherry, Kottayam, etc., have got themselves impleaded in the O.P. Over and above the persons so got impleaded as additional respondents, Peoples Council for Social Justice, Layam Road, Kochi has also got impleaded as an intervenor. Fr. K.V. Poulose and Shri M. Prabha, Advocate representing the PCSJ were in fact present in Court and have made their submissions strongly supporting the case of the petitioner. Bishop Poulose Mar Poulose was also present in Court and on his behalf Fr. K. V. Poulose has submitted that Bishop also supports the prayers in the two O.Ps.