If a Hindu married woman refuses to wear sankh (bangle made of conch) and applies vermilion according to Hindu custom, it means that she is not allowed to marry. The Guwahati High Court made this important remark while approving the divorce petition of a husband. A bench of Justices Ajay Lamba and Justice Soumitra Saikia held that bangle and vermilion are considered to be the adornments of Hindu brides. If she refuses to wear it, it means that she does not accept marriage and is reluctantly married.
The two-member bench said, refusal to wear Sankh and Sindoor would be considered a sign of refusal to accept marriage with the appellant. In such circumstances, forcing the husband to continue with the wife in marital life can be considered harassment. The family court had turned down the husband's plea, but the High Court overturned the decision of the family court citing a petition filed against the wife.
The High Court said the wife's accusation of cruelty to the husband is not proved. The bench said, "Such acts of filing criminal cases on the basis of baseless allegations against a husband or his family members is cruelty on a large scale." This decision of the High Court came on 19 June.
The High Court observed that the husband had alleged before the lower court that the wife had refused to wear Sankh and Sindoor. No dispute was raised against his wife. In fact, an Assam family court rejected the husband's plea that no cruelty was committed against the wife on behalf of the husband.
Husband accused, the wife not willing to live with in-laws
In her petition, the husband alleged that a month after their marriage in February 2012, the wife refused to live in a joint family and demanded a separate place with the husband. Relationships of relatives deteriorated and the wife often started quarreling and blamed the husband for not having children.
The wife 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 by the High Court in that case. After this, the husband filed a separate divorce case.
The wife also accused of dowry harassment
The wife also accused the husband and in-laws of harassment for dowry in a lawsuit based on cruelty. He also alleged that he was denied food and medical care and that his brother only cared for him.