Refusal of conch and vermilion(Sindoor) means rejection of marriage to wife: Guwahati High Court

The Guwahati High Court said that according to Hindu customs, if a woman refuses to wear sindoor and conch after marriage, it means that she is denied marriage.


The Guwahati High Court said that according to Hindu customs, if a woman refuses to wear sindoor and conch after marriage, it means that she is denied marriage. The court said this while hearing a person's divorce petition. A bench of Justices Ajay Lamba and Justice Sumitra Saikia held that in such circumstances, forcing the husband to continue in the marital life with the wife can be considered harassment. Explain that the family court had earlier rejected the husband's petition for divorce, stating that no cruelty was committed against the husband by the wife.

The High Court observed that the husband alleged before the lower court that the wife had refused to wear sakha and sindoor. The High Court ruled that under the practice of Hindu marriage, a woman who has joined a marriage in accordance with Hindu customs, and who is not denied by the defendant in her evidence, refuses to wear her 'sankh and sindoor' Doing will be considered a sign of refusal to accept marriage with the appellant.

Husband alleged that in February 2012, after the couple lived together in the husband's house with their relatives for a month of their marriage, the wife raised the demand for a separate stay with the husband. Relationships of relatives deteriorated and the wife often started quarreling and blamed the husband for not having children. She left her in-laws in 2013 and filed a case of cruelty against the husband and his family members under Section 498A of the Indian Penal Code. The husband and relatives were later acquitted in that case.

The husband had, by then, sued for divorce on grounds of cruelty by the wife. She accused her husband and in-laws of harassment for dowry. He also alleged that he was denied food and medical care and that his brother only cared for him. The family court turned down the husband's plea, but the High Court overturned the family court's decision citing a petty petition filed against the wife.

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