Per ASHOK AGARWAL, J. :---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.

4.Sections 10, 17 and 20 of the Act, in so far as they are relevant, provide as under :

"10. When husband may petition for dissolution. -- Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.

When wife may petition for dissolution. -- Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;

or has been guilty of incestuous adultery,

or of bigamy with adultery,

or of marriage with another woman with adultery,

or of rape, sodomy or bestiality,

or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro,

or of adultery coupled with desertion, without reasonable excuse, for two years or upwards."

17. Confirmation of decree for dissolution by District Judge. -- Every decree for a dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court.

Cases for confirmation of a decree for dissolution of marriage shall be heard (where the number of the Judges of the High Court is three or upwards) by a Court composed of three such Judges, and in case of difference the opinion of the majority shall prevail, or (where the number of the Judges of the High Court is two) by a Court composed of such two Judges, and in case of difference the opinion of the Senior Judge shall prevail. . . ."

20. Confirmation of District Judge's decree. -- Every decree of nullity of marriage made by a District Judge shall be subject to confirmation by the High Court and the provisions of section seventeen, Clauses one, two, three and four, shall, mutatis mutandis apply to such decrees."

5.Mrs. Desai, Mrs. Agnes and Mr. Bagaria appearing on

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