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Refusal to wear Sakha/Sindoor: Gauhati HC refuses to upturn earlier order, says that the statement was read out of context

The Guhati High Court has dismissed a review petition challenging an order where the court noticed that a wife’s refusal to wear Sindoor/Sakha was a hint towards her disinterest in continuing her relationship with her husband.

While dealing with the review plea, the Bench stated that “review petitioner was reading the statement out of context” and hinging her entire review on the statement. The bench had to decide if the woman’s husband was entitled to seek a divorce.

Nonetheless, the Court earlier ruled in the husband’s favour because of her filing a case against him and his family, it was observed that “when the evidences are considered jointly, such statement given by the wife can also be considered for concluding that the marriage had irrevocably broken”. In earlier proceedings before the High Court, both the husband and the wife had traded charges of cruelty, against each other. The wife revealed that her husband and other members of his joint family harassed her for ‘dowry’.[1]

On the other hand, the husband alleged that the wife had made repeated demands for him to separately from his family and accused him of impotency. The challenged-judgment recorded that the wife filed criminal complaints under Sections 498A, 420 of the Indian Penal Code as well as Section 125 of the Criminal Procedure Code.

The husband further claimed that his wife had agreed to drop the cases against him if he agreed to move away from home and live with her in “a separate accommodation.” On his denial to adhere to the terms of the “settlement”, the judgment records that she filed a criminal complaint for fraud against him. This added to the High Court’s eventual conclusion that the husband’s divorce plea should be allowed. In the latest round of proceedings, the Court reiterated these findings and dismissed the petition.

[1] Source- https://www.barandbench.com/news/litigation/gauhati-hc-refuses-to-review-earlier-order-observing-sakhasindoor-indicative-of-marriage-breakdown

 

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