Refusal To Wear Sindoor & Sankha Signifies Refusal To Accept Marriage: Gauhati HC

Guwahati: The Gauhati High Court observed that a married Hindu woman’s refusal to wear sakha (bangles made of conch-shell) and sindoor (vermillion) signifies her refusal to accept her marriage, while granting her husband’s plea for divorce.

Chief Justice Ajai Lamba and Justice Soumitra Saikia said the woman’s blatant refusal to wear sakha and indoor, a custom of Hindu marriage, denotes her unwillingness to be considered married to her husband.

“Under such circumstances, compelling the husband to continue to be in matrimony with the wife may be construed to be harassment,” the high court remarked.

The husband’s plea for divorce in this particular case was earlier rejected on the grounds that the wife had not inflicted any cruelty.

The couple had married in February 2012. A month after the wedding, the wife wanted to live separately from the joint family.

The husband alleged that their relationship became sour because of her demand to live separately, which led to frequent quarrels. He also stated that his wife failed to conceive a child.

The woman left her husband’s home in 2013 and filed a case against the man and his family, alleging cruelty.

After being acquitted in this case, the husband filed a separate divorce plea, citing cruelty by his wife.

The woman contested the plea alleging harassment and that she was denied food, and medical treatment as well.

“The allegation of subjecting the wife to cruelty was not sustained. Such acts of lodging criminal cases on unsubstantiated allegations against the husband and/or the husband’s family members amounts to cruelty,” the HC order said.