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Clause 3.--It is proposed to remove gender inequality in the matter of grounds of divorce as available to husband and wife under Section 10 of the Act by substituting that section vide Clause 4 of the Bill. As the expressions "incestuous adultery" and "bigamy with adultery" as occurring in Section 10 of the Act will no longer be in the said section, these expressions have become redundant. This clause, therefore, seeks to omit the definition of those expressions.

Clause 4.--This clause seeks to provide the grounds of dissolution of marriage. Existing provisions of Section 10 of the Act make a distinction between the husband and the wife in the matter of grounds on which they could obtain dissolution of marriage. While adultery, without any other ground, is a ground for seeking dissolution of marriage by the husband, in the case of the petition by the wife, there is in addition another requirement that it should be incestuous adultery or bigamy with adultery or adultery coupled with cruelty or desertion for two years. Certain High Courts including the High Court of Kerala have struck down the words "incestuous" and "adultery" coupled with in Section 10 on the ground of gender inequality. This clause seeks to substitute the said Section 10 with a new section providing same grounds for husband and wife for seeking dissolution of marriage. However, a wife may also get divorce on the ground that the husband has since the solemnization of marriage been guilty of rape, sodomy or bestiality.