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Gauhati HC Grant Divorce After Wife Refuses To Wear Sakha,Sindoor,Unwillingness To Accept Marriage
The man had appealed in the high court against the family court's order.
Gauhati HC Grant Divorce After Wife Refuses To Wear Sakha, Sindoor, Unwillingness To Accept Marriage
New Delhi: The Gauhati High Court while allowing a man to divorce his wife, held that a Hindu woman's refusal to wear Sakha or sindoor after her wedding reflects her unwillingness to accept her marriage.
A division bench comprising Chief Justice Ajai Lamba and Justice Soumitra Saikia after hearing a matrimonial appeal filed by the husband 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.
“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,” the bench held.
"..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 the family members. As a result, the two have been living separately since June 30, 2013.
Her insistence on having a contract with the husband to live separately from his mother was also a reason for the court to allow the divorce petition.Whereas the wife has denied signing a contract with her husband before the Gauhati High Court, she had admitted to this fact during her examination the family court
“Under such circumstances, unable to bear the agony and the stress inflicted by the respondent-wife, the appellant-husband filed divorce before the Court of District Judge, Dibrugarh,” the bench noted in its order.
The Hig Court took note of the Maintenance and Welfare of Parents and Senior Citizens Act,2007 to say that children are required to “maintain parents and senior citizens.”