ANLL KUMAR MAHSI versus UNION OF INDIA AND ANR.

ANLL KUMAR MAHSI versus UNION OF INDIA AND ANR.

Section 10 of the Indian Divorce Act, 1869 is not discriminatory against the husband. The differential grounds for dissolution available to the wife are justified by her weaker physique, vulnerability, and social condition; thus, there is no violation of Article 14 of the Constitution.

Parties
Petitioner: Anil Kumar Mahshi; Respondent: Union of India; Respondent: Monika
Jurisdiction
India
Judgment Date
20 July 1994
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition dismissed
Legal Topics
Dissolution of Marriage, Gender Discrimination, Equality Before Law
Family Law Constitutional Law Dissolution of Marriage Gender Discrimination Equality Before Law

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Parties

Anil Kumar Mahshi

Petitioner

Union of India

Respondent

Monika

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether Section 10 of the Indian Divorce Act, 1869 is discriminatory against the husband and violative of Article 14 of the Constitution of India

Ratio Decidendi

Section 10 of the Indian Divorce Act, 1869 is not discriminatory against the husband. The differential grounds for dissolution available to the wife are justified by her weaker physique, vulnerability, and social condition; thus, there is no violation of Article 14 of the Constitution.

Court Disposition

Petition dismissed