Gau HC | Refusal to wear “sakha & sindoor” is clear intention that a hindu wife is unwilling to continue conjugal life: Divorce decreed to husband

Gauhati High Court: A Division Bench of Ajai Lamba, CJ and Soumitra Saikia, J., granted a decree of divorce to the appellant-husband on the grounds of cruelty by the respondent-wife.

Background of the Case

Appellant husband lived with his mother, sister and brother, After his marriage bother respondent wife and appellant husband started their conjugal life in the matrimonial house of the appellant.

After about a month of their marriage, respondent wife demanded to reside separately with the appellant husband away from the husband’s relatives in a separate house. Appellant being a contractual labourer was not able to sustain separate accommodation for him and his wife as he was required to render service at a place away from his matrimonial house.

Appellant husband in the face of persistent demands by the respondent wife for separate accommodation also attempted to take the respondent wife to his place of work by arranging separate accommodation away from the matrimonial home. However, the respondent wife continued to resort to frequent quarrels with the appellant and started blaming him for the couple not being able to have a child after marriage. The respondent wife alleged that the appellant husband was medically unfit.

Later, respondent wife declared that she was not willing to continue her matrimonial life with the appellant and further insisted on going back home. Respondent wife also filed a case under Section 498(A) Penal Code, 1860.

Appellant husband contended that the respondent wife compelled the appellant to execute a written agreement to the effect that the couple will stay in a separate rental house together away from the joint family of the husband and further that the appellant/husband’s family members will not visit them or maintain any relations with them.

In view of the above agony faced by the husband, he filed a divorce case against the wife.

Respondent wife contended that she was subjected to extreme cruelty by the appellant’s step-mother, sister-in-law, brother and his two sisters.

According to the respondent, the family members of the appellant tortured her physically and mentally by demanding various cash and kinds from her as dowry and also declined to provide her the bare necessities of life. She further stated that the respondent declined to provide her medical treatment, wearing apparels, adequate food and medicine etc. which are provided to her by her brother. She further stated that she was assaulted and sent back to her brother’s house by the appellant and his family members demanding her to bring money from her house.

Upon due consideration of the evidence, the court below came to the finding that there was no cruelty extended to the appellant husband and his family members or that they were neglected by the respondent wife and accordingly rejected the petition for divorce by the husband.

High Court noted that respondent wife did not dispute on the fact that there was an agreement wherein appellant was required to provide separate accommodation to the respondent wife, where appellant’s family members were not permitted.

Under the custom of Hindu Marriage, a lady who has entered into marriage according to Hindu rituals and customs, and which has not been denied by the respondent in her evidence, her refusal to wear ‘sakha and sindoor’ will project her to be unmarried and/or signify her refusal to accept the marriage with the appellant. Such categorical stand of the respondent points to the clear intention of the respondent that she is unwilling to continue her conjugal life with the appellant.

In view of the above, it can be said that the wife inflicted cruelty upon the appellant and his family members.

Family Court erred in evaluating the evidence in the proper perspective. Acts of lodging criminal cases on unsubstantiated allegations against the husband and/or the husband’s family members amounts to cruelty.

Bench also cited a Supreme Court Decision — Rani Narasimha Sastri v. Rani Suneela Rani, 2019 SCC OnLine SC 1595, wherein it was held that

filing of criminal cases like case under Sections 498(A) IPC etc. against the husband and the family members and which are subsequently dismissed/rejected by the Family Court, is sufficient to be construed as an act of cruelty by the wife.

Adding to its conclusion, Court also stated that under the “Maintenance and Welfare of Parents and Senior Citizens Act, 2007 children shall mandatorily be required to maintain parents and senior citizens.

Thus, it is evident that the lower Court completely ignored the fact that the respondent compelled and prevented the appellant from performing his statutory duties towards his aged mother.

Hence, the above stated is sufficient to construe as an act of cruelty leading to punishment or imprisonment as well as fine.

Impugned judgment of the Family Court be overturned in view of the discussions rendered. Divorce decree is allowed and marriage between the appellant husband and respondent wife is dissolved.[Bhaskar Das v. Renu Das, 2020 SCC OnLine Gau 2954 , decided on 19-06-2020]

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