T.V. Ramakrishnan, J.

The constitutional validity-of S.10 of the Indian Divorce Act, 1869 (for short "the act" ) which regulated divorce among Christians in India for a century and a quarter is directly under challenge in the two Original Petitions at the instance of two Christian women on me ground that the provisions in S.10 are violative of the fundamental rights guaranteed to them and other similarly situated Christian women under Arts.14,15 and 21 of the Constitution of India.

2. Mary Sorua Zachariah, petitionerin O.P. No. 5805 of 1988 is a Syrian Christian governed by the Act. At the time of filing the O.P. she was aged 36 and was working as an Asst. Warden at Corpus Christi School, Kottayam. She was married to one P.C. Zachariah on 6-1-1972 at Emmanuel Marthoma Church, Pazhanni, Thrissur according to the customary rites and ceremonies of the church. A daughter, Elizabeth Zachariah @ Kittu was born out of the said wedlock on 16-9-1974. On the basis of Exts. P3 and P4 letters the petitioner has specifically pleaded that her husband has taken an irreversible decision to live with an English lady whom he met while in Nairobi where he was employed from 1977 onwards, des