JUDGMENT

Chandrachud, C.J. - By this petition under Article 32 of the Constitution, the petitioner challenges the validity of section 497 of the Penal Code which defines the offence of 'adultery' and prescribes punishment for it. A few fact interesting but unfortunate, leading to this petition arc these:

The petitioner tiled a petition for divorce against her husband on the ground of desertion. The trial Court dismissed that petition, holding that the petitioner herself had deserted the husband and not the other way about. Thereafter, the husband filed a petition for divorce against the petitioner on two grounds: firstly, that she had deserted him and secondly, that she was living in adultery with a person called Dharma Ebenezer. The petitioner conceded in that petition that in view of the finding recorded in the earlier proceeding that she had deserted her husband, a decree for divorce may be passed against her on the ground of desertion. So far so good. But, the petitioner contended further that the Court should not adjudicate upon the question of adultery since it was unnecessary to do so. That plea was opposed by the husband. He contended that he was entitled to obtain a decree