REGENT COMPUTRONICS PVT. LTD.

PRAGATI VARGHESE Appellant

V/S

CYRIL GEORGE VERGHESE Respondents

Referred Judgements :-

JUDGEMENT

(1.) PRESENT suits are filed by Christian wives for dissolution of their marriages under section 10 of the Indian Divorce Act, 1869 (hereinafter referred as the Act ). Each of them impugn the vires of the provisions of section 10 of the Act which provides for the grounds on which a husband and wife can sue for dissolution of marriage. It is contended that the provisions are archaic and adversely discriminate wives as against husbands merely on ground of sex and are, therefore, violative of Article 15 of the Constitution. It is further contended that the aforesaid provisions adversely discriminate them vis-a-vis wives belonging to other communities. They are, therefore, denied equality before law and hence the provisions are violative of Article 14 of the Constitution. It is also contended that the aforesaid provisions force them to continue to live with their husbands as wives even though they are subjected to cruelty or desertion. They are, therefore, deprived of their right to life and personal liberty thereby violating their dignity. The provisions, therefore, contravene Article 21 of the Constitution.

(2.) PLAINTIFFS have also impugned certain ancillary provisions of the Act namely sections 17 and 20 of the Act which provide for a requirement of confirmation of decrees for dissolution of marriage or nullity of marriage, passed by District Judges, by the High Court and that too normally by a Bench of not less than three Judges.

(3.) PRESENT suits were filed on the Original Side of this Court and came up for hearing before the learned Single Judge Mrs. K. K. Baam, J. When the aforesaid challenge was raised before her, by an order passed on 20th of December, 1996, she has referred the suits to a larger Bench under Rule 28 of the High Court Original Side Rules, 1980. The learned Chief Justice has, thereafter, referred the suits to the present Full Bench for deciding the aforesaid issues raised in these suits.

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PRAGATI VARGHESE Vs. CYRIL GEORGE VERGHESE

Referred Judgements :-

JUDGEMENT

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