The Gauhati High Court observes that wearing “shaka” (conch shell bangle) and “sindoor” (vermillion) as per customs by a Hindu married woman is necessary. Amounting its refusal as a woman’s refusal to accept the marriage, the Gauhati High Court has granted divorce to a man.
The announcement comes after hearing a matrimonial appeal filed by the husband. A division bench comprising Chief Justice Ajai Lamba and Justice Soumitra Saikia set aside the order. This comes after the family court rejected his prayer for divorce on the ground that no cruelty discovery on the part of the wife against him. The man had appealed in the high court against the family court’s order. (Source: NDTV) The ‘shaka’ and ‘sindoor’ were specifically quoted in the order.
“Under such circumstances, compelling the husband to continue to be in matrimony with the wife may construe to be harassment,” the HC held in its June 19 order. (Source: HT)
“Her refusal to wear ‘shaka’ 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 HC further stated in the judgment passed on June 19. (Source: Tribune India)
The Case
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. The woman’s ‘shaka’ and ‘sindoor’ were taken into consideration.
She had lodged a police complaint against her husband and his family. She accused them of torturing her. But the allegation of subjecting her to cruelty did not sustain, the bench said. (Source: Tribune India)
The family court completely ignored the fact that the woman compelled and prevented her husband from performing certain duties. Duties being his statutory duties towards his aged mother. These are under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the judges said. (Source: NDTV) The final judgement came quoting ‘shaka’ and ‘sindoor’.
