Judgment

THAKKAR, J. - Not only the option to make-up or break up but also the right to haul up the erring husband before a Criminal Court is claimed by the aggrieved wife irrespective of the fact that the husband of an erring wife does not have a corresponding right. Or else the conscience of the EQUALITY clause will not be appeased is the plea made by the anguishsed wife.

2. Accordingly, a constitutional gun has been pointed at the provision which in its effect permits only the husband of the adulteress to prosecute the adulterer but does not permit the wife of the adulterer to do so True it is, neither of the spouses can prosecute each other. But the aggrieved wife complains that to deny her the right to prosecute her offending husband for the offence of adultery punishable under S. 497, Penal Code, is to violate the Constitution by discriminating against her on the ground of her sex. The provision which disables the wife from prosecuting the husband for such an offence is embodied in S. 198(l) read with S. 198(2)*1, Criminal P.C., 1973, which carves out an exception to the general rule that any one can set the criminal law in motion. The constitutional validity of this provision