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REFUSAL TO WEAR SAKHA AND SINDOOR SIGNIFY A WOMAN’S REFUSAL TO ACCEPT HER MARRIAGE: GUHATI HC ALLOWS DIVORCE PETITION
The High Court of Gauhati observed that the refusal of the Hindu married women to wear Sakha and Sindoor, as per customary rituals and beliefs signifies her refusal to marriage, while granting the husband the plea for divorce.
The division bench of the court comprising of Chief Justice Ajai Lamba and Justice Soumitra Saikia observed that the refusal of Hindu wife to wear the Sakha and Sindoor the trappings of the Hindu bride denotes her unwillingness to the marriage and under such circumstances forcing the husband to continue the marriage with her would be harassment.
Earlier the Assam family court has rejected the divorce plea made by the husband on the grounds that the wife has not inflicted any cruelty on him.
The marriage between the couple was solemnised in February 2012, however the wife demanded to live separately from the joint family of the husband, the husband alleged that this demand by the wife to live like a nuclear family made their relationship worse and led to frequent fights between the couple and also failed to conceive a child.
The wife left the husband home and filed a case against her husband and his family of cruelty under 498A of IPC. The husband filed a different case of divorce citing cruelty by his wife, after their acquittal from the case filed by his wife in HC.
She contested the plea by alleging that she was harassed by her husband and in-laws for dowry and also alleged that she was denied of basic necessities such as for and medical treatment. But the High court overruled the decision of family court.
The high court also stated that the allegation of subjecting wife to cruelty was not sustained and such acts of lodging criminal complaints against husband and his family would amount to cruelty
