Page:Joseph Shine vs Union of India (Adultery Judgement).pdf/21

 17.In W. Kalyani v. State Thro’ Inspector of Police and another, the Court held:

Be it noted, the issue of constitutional validity did not arise in the said case.

18.At this juncture, we think it seemly to state that we are only going to deal with the constitutional validity of Section 497 IPC and Section 198 CrPC. The learned counsel for the petitioner submits that the provision by its very nature is arbitrary and invites the frown of Article 14 of the Constitution. In Shayara Bano v. Union of India and others, the majority speaking through Nariman, J., ruled thus:-