A Full Bench of the Madhya Pradesh High Court has, in emphatic terms, recommended for updating the statute. (VideWeena v. John - AIR 1985 M.P. 85). A Full Bench of the Calcutta High Court has said in Swapna Ghosh v. Sadananda Ghosh (AIR 1989 Calcutta 1) thus:

"We are inclined to think that our Parliament or the State Legislatures (Marriage and Divorce being matters in the Concurrent List) should very seriously consider the question of introducing similar amendments in the Divorce Act of 1869 to bring it in harmonious conformity with other analogous enactments on the subject governing the other communities in India".

Unfortunate it is that despite repeated exortations from several High Courts in India, the antiquated statute remains what it was originally.

4. Without establishing adultery of the other spouse a decree for divorce is unthinkable under the Indian Divorce Act. Those spouses who found their matrimonial lives irretrievably broken down remain helpless in view of the unrealistic and unhelpful provisions of the Indian Divorce Act. (A decree declaring the marriage null and void can be passed if it is established that opposite party was insane at the time of marriage). Thus, unless one of the spouses was insane, or one of them is guilty of adultery, Indian Divorce Act will not help a spouse to get out of the marriage alliance. As the legislature did not help them till now, some of them invented devices to wriggle out the imbroglio. One device is to undergo a marriage again under the Special Marriage Act and then apply for a decree for divorce under that law. Some other spouses, in order to surmount the difficulty, collide between each other, so that one of them would make false allegations of adultery against the other and the latter would remain ex parte. Some others would make false pretence of being insane in order to obtain a decree declaring the marriage null and void. Through these devices, they try to escape from shattered matrimonial bondage. Those others who are not willing to adopt dishonest devices continue to suffer without escape under the primitive marriage law.

5. Law Commission in its 15th Report made a strong recommendation for reformation of the Indian Divorce Act. The Ministry of Law reciprocated to this proposal and drafted a Bill and referred it to the Law Commission again. After collecting public opinion, the Law Commission in its 22nd Report (1961) reiterated its stand in favour of a thorough revision in the marriage law of Christians. A Bill was introduced in Parliament in 1962 for that purpose. But ill-luck would have it, the said Bill got lapsed as the Parliament was dissolved before taking up the Bill. In 1983, some indications of revival of legislative function in this line were shown by introduction of Marriage Laws (Amendment) Bill. Then again due to some technical snag, the Bill did not proceed further. Though the legislative concern remained in limbo, the poor spouses of irretrievably broken down matrimonial ties in the Christian community remin without any relief, while members of other communities are privileged to be benefited by realistic reliefs provided by the laws applicable to them.

6. The State of Kerala in the counter affidavit has offered to consider the question of introduction of Bill for amendment the S.10 of the Indian Divorce Act (as the subject is in the Concurrent List). The said offer is made in the light of the "opinions expressed in certain judgments of this Hon'ble Court and other Hon'ble High Courts". The Union of India in its counter affidavit has stated that "Law Commission has made recommendations in its 90th Report for making changes in S.10 of the Indian Divorce Act and the Government has not yet taken any decision about the said recommendation of the Law Commission".

If the Government of India would take a decision soon regarding the recommendations of the Law Commission of India, as referred to above, it will be unnecessary to consider whether S.10 of the