Wife's refusal to wear 'sankha and sindoor' becomes basis of granting divorce: Gauhati High Court | Wife's refusal to apply vermilion means she does not want to live married married, this is the basis of divorce

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  • They were married in 2012, soon after the husband and wife separated, after which the woman alleged domestic violence
  • The family court refused to divorce the husband, but the High Court also said – the evidence was not properly evaluated

Daily newspaper

Jun 30, 2020, 10:21 PM IST

Guwahati. The High Court has said that the wife's refusal to wear sindoor and bangle means that she does not want to continue her married life further and this is the basis for divorce.
A person had filed a petition for divorce in the Guwahati High Court. On this, Chief Justice Ajay Lamba and Justice Soumitra Saikia considered the wife's refusal to apply vermilion as an evidence.

"Not wearing a bangle, denying marriage"
The bench said in its judgment that if a woman who is married according to Hindu customs does not wear sindoor and does not wear bangles, doing so will make her look unmarried and it would be considered as a denial of marriage. Doing this clearly shows the woman's intentions that she does not want to continue her marital life with the husband.
The court said that in these circumstances, the husband's stay with the wife would be considered as harassment by the woman to the husband and his family.

"Family court erred in evaluation"
The court further said that the family court had made a mistake in evaluating the evidence in the right direction in this case. Actually, the family court rejected the divorce application filed by the husband. The appellant was married in 2012. The two spouses soon separated after this. The woman then made allegations of domestic violence and the husband filed for divorce.

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