scorecardresearch
Follow Us:
Tuesday, August 09, 2022

Gauhati HC grants divorce to man after woman refuses to wear ‘sindoor’, ‘shaka’

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.

By: PTI | Guwahati |
Updated: June 30, 2020 2:28:02 pm
divorce for not wearing sindoor, gauhati high court gives divorces for not wearing sindoor, marriage divorce, marriage divorce for not wearing sindoor, assam news The man had appealed in the high court against the family court’s order. (Thinkstock Images)

The Gauhati High Court has granted divorce to a man, 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.

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 grounds 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 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.

Subscriber Only Stories
Nitish-BJP break-up in Bihar: Why Modi’s BJP is right to be nervous...Premium
UPSC Key-August 9, 2022: Why you should read ‘Eggs and faith’ or ‘Transge...Premium
Streetwise Kolkata – Beckbagan: Named after an emissary from Awadh ...Premium
As PM Modi again refers to Rajya Sabha ‘hurdle’, some House truthsPremium

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.

Advertisement

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.

📣 Join our Telegram channel (The Indian Express) for the latest news and updates

For all the latest North East India News, download Indian Express App.

  • Newsguard
  • The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
  • Newsguard
First published on: 30-06-2020 at 12:17:26 pm

Featured Stories

Advertisement
Advertisement
Advertisement
Advertisement