High Court grants divorce on wife’s refusal to wear “sindoor”


PTI, Jun 30, 2020, 11:01 AM IST

Guwahati: Observing that the refusal to wear “shaka” (conch shell bangle) and “sindoor” (vermillion) as per customs by a Hindu married woman amounted to her refusal to accept the marriage, the Gauhati High Court has granted divorce to a man.

After hearing a matrimonial appeal filed by the husband, a division bench comprising Chief Justice Ajai Lamba and Justice Soumitra Saikia set aside an order of the family court which rejected his prayer for divorce on the ground that no cruelty was found on the part of the wife against him.

The man had appealed in the high court against the family court’s order.

“Her refusal to wear “sakha and sindoor” will project her to be unmarried and/or signify her refusal to accept the marriage with the appellant (husband). Such a categorical stand of the respondent (wife) points to the clear intention of the respondent that she is unwilling to continue her conjugal life with the appellant,” the high court said in the judgment passed on June 19.

The man and the woman had married on February 17, 2012, but they started fighting soon as she started demanding not to live along with his family members. As a consequence, the two have been living separately since June 30, 2013.

“She had lodged a police complaint against her husband and his family members accusing them of torturing her, but the allegation of subjecting her to cruelty was not sustained,” the bench said.

“Such acts of lodging criminal cases on unsubstantiated allegations against the husband and/or the husband”s family members amounts to cruelty as held by the Supreme Court,” they said in the order.

“The family court completely ignored the fact that the woman compelled and prevented her husband from performing his statutory duties towards his aged mother under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007,” the judges said.

“Such evidence is sufficient to be construed as an act of cruelty,” the order added.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Maharashtra Polls: Eknath Shinde targets Uddhav for `giving up’ Bal Thackeray’s principles for power

Will appear before Lokayukta for questioning in MUDA case, says CM Siddaramaiah

Lies have short life, Cong’s ‘fake’ narrative smashed: Fadnavis

Temple idols found desecrated in Hyderabad, case registered

SC junks plea against quashing of LOC issued to ex-house help of Sushant Singh Rajput

JPC chairman Jagdambika Pal to visit K’taka on Nov 7 to meet farmers protesting Waqf notices

Indian boxer Mandeep Jangra wins WBF’s world title

Related Articles More

Heroin worth Rs 3.5 crore recovered in police raid in Delhi, 2 arrested

Treated Muslims like fuel for ‘lantern’: Prashant Kishor targets Lalu, asks upper castes to stay away from Nitish

Wayanad Bypoll: Politics in country, Kerala not genuinely working for people, says Priyanka Gandhi

Malegaon blast trial: Court issues bailable warrant against Pragya Thakur

Maharashtra Polls: Eknath Shinde targets Uddhav for `giving up’ Bal Thackeray’s principles for power

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

Davanagere: Man murdered by relative for insurance money; 4 arrested within 24 hours

Heroin worth Rs 3.5 crore recovered in police raid in Delhi, 2 arrested

Govt clerk found dead in Tahsildar’s chamber, FIR filed against minister’s PA, 2 others

Treated Muslims like fuel for ‘lantern’: Prashant Kishor targets Lalu, asks upper castes to stay away from Nitish

MP Brijesh Chowta urges Kerala CM for strict action against attack on Edneer Swamiji’s vehicle

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.