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Report No. 164

Chapter II

Observations of Various High Courts

Part I

2.1. Constitutionally invalid provisions.-

Though as obiter, A.M. Bhattacharjee, J. speaking for the Full Bench in Swapna Ghosh v. Sadananda Ghosh, AIR 1989 Cal. 1 had the following observations to make in regard to the constitutionality of the provisions under consideration:

"If the husband is entitled to dissolution on the ground of adultery simpliciter on the part of the wife, but the wife is not so entitled unless some other matrimonial fault is also found to be superadded, then it is difficult to understand as to why this provision shall not be held to be discriminatory on the ground of sex alone and thus to be ultra vires. Article 15 of the Constitution countermanding any discrimination on such ground."

Indian Divorce Act, 1869 Back

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