Lawstreet Journal

Refusal To Wear 'Sakha And Sindoor' By Wife Will Project Her To Be Unmarried And Would Signify Her Refusal To Accept The Marriage: Gauhati HC In Divorce Case

Lawstreet Journal 1 Jul 2020 7:09pm

Image courtesy: Lawstreet Journal Judiciary Refusal To Wear 'Sakha And Sindoor' By Wife Will Project Her To Be Unmarried And Would Signify Her Refusal To Accept The Marriage: Gauhati HC In Divorce Case

A matter was heard by the Gauhati High Court wherein a husband has appealed against a family court judgment in which his application for divorce was dismissed. In this case, the respondent-wife had categorically told the honorable court during her cross-examination that she doesn't consider the appellant as her husband. "I am not wearing/putting sindoor right now because I don't consider him as my husband," she said.

The division bench of Chief Justice Ajay Lamba and Justice Saumitra Saikia observed that a refusal of the wife to wear 'Sakha and sindoor' would amount to her refusal to accept the marriage. The bench observed that under the custom of Hindu marriages, the refusal of a lady, who has entered into the marital relationship in accordance with the Hindu customs and rituals, will project her to be unmarried and/or signify her refusal to accept that marriage.

The bench said, "Under the custom of Hindu marriage, a lady who has entered into marriage according to Hindu rituals and customs, and which has not been denied by the respondent in her evidence, her refusal to wear 'Sakha and sindoor' will project her to be unmarried and/or would signify her refusal to accept the marriage with the appellant."

"Such a categorical stand of the respondent points to the clear intention of the respondent that she is unwilling to continue her conjugal life with the appellant. Under such circumstances compelling the appellant-husband to continue to be in matrimony with the respondent-wife may be construed to the harassment inflicted by the respondent upon… Continue Reading...


Tagged: Divorce  
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