AR. Lakshmanan, J.

These two Original Petitions raise the same question with regard to the validity of S. 17 of the Indian Divorce Act, 1869, (hereinafter referred to as ‘the Act’) which says that a decree for dissolution of marriage passed by a District Judge has to be confirmed by the three-Judge Bench of the High Court. According to the petitioners, this confirmation is required only for Christians and so it is discriminatory, arbitrary and violative of Arts. 13(1), 14, 15(1) and 21 of the Constitution of India. It is further submitted that since this section is not consistent with Part 111 of the Constitution, it violates Art. 13(1) which says that all pre-constitutional laws have to be consistent with Part 111 of the Constitution. The other grounds of attack are as under:

(a) The Section is applicable only to Christians and, therefore, it amounts to a discrimination based on religion and so is violative of Art. 15(1) of Constitution of India;

(b) The Section is also violative of Art. 21 of the constitution because even if the husband and wife are not interested in further approaching any Court after the decree by the District Judge, they have to wait minimum for another