News Desk: The Guwahati High Court (HC) had granted a verdict of divorce to the appellant-husband on the grounds of cruelty by the respondent-wife.
The Guwahati High Court has observed that a Hindu married woman’s refusal to wear Sakha and sindoor (vermillion) as per the marriage rituals and customs signifies her refusal to accept her marriage.
The two-member of the High Court which comprise Hon’ble Chief Justice Ajai Lamba and Hon’ble Justice Soumitra Saikia said that the woman’s unyielding refusal to wear Sakha and sindoor signifies her unwillingness to be considered married to her husband.
The Guwahati High Court (HC) held in its June 19 order that; “Under such circumstances, compelling the husband to continue to be in matrimony with the wife may be constructed to be harassment.”
Earlier, a family court in Assam rejected the husband’s plea for divorce on the ground that the wife is not found to have caused any cruelty against the complainant.
Brief Background of the case:
The appellant-husband used to live with his mother, brother, and sister. A few months after his marriage, the respondent-wife demanded to reside separately with the husband away from husband’s relatives. The appellant-husband was not able to sustain separate accommodation for him and his wife.
She left her husband’s residence in 2013 and filed a case against her husband and his family members under Section 498A of the Indian Penal Code (IPC).
The husband also filed a separate case for divorce citing cruelty by his wife.
However, upon due consideration of the evidence, the HC overturned the family court’s decision.
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