1997 Supreme(Bom) 225
P.S.PATANKAR, A.C.AGARWAL, A.V.SAVANT
Pragati Varghese and others – Appellant
Versus
Cyril George Verghese and others – Respondent
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 provision
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