The court granted divorce for not wearing Mangalsutra his wife

OVERVIEW

The court granted divorce for not wearing Mangalsutra his wife

While hearing a divorce case, the Madras High Court of Tamil Nadu made a scathing remark about the wife removing the Mangalsutra from her neck. Madras High Court has held that removing Mangalsutra from the neck of a wife amounts to mental cruelty. Madras High Court made this remark regarding not wearing the Mangalsutra of the estranged wife and approved the divorce.

Mangalsutra is an essential tradition in marriage:

  • During the hearing in the court, the woman's counsel, citing Section 7 of The Hindu Marriage Act, said that wearing the plate is unnecessary and, therefore, if the wife removes it, it will not affect the marital relationship.
  • However, the High Court did not accept this argument and said that Mangalsutra is an important tradition in our marriage. If a woman removes him in front of her husband, it will be considered the culmination of mental cruelty to the husband. With this observation, the court allowed the divorce petition of the aggrieved husband.

The husband's feelings got hurt:

  • The Mangalsutra around the neck of any Hindu woman is a sacred thing that symbolizes the continuation of married life, the court said. She is removed only after the death of her husband.
  • Therefore, the wife's separation from the Mangalsutra while the husband is alive is called mental cruelty. Because doing so hurts the feelings of the husband.
  • The court further said that the woman herself said that she had kept the plate in the bank locker. Whereas a Hindu married woman does not do so.

According to the Madras High Court:

'The thali around a woman's neck was a sacred thing which symbolizes the continuation of married life and is removed only after the husband's death. In such a situation, if the wife does not wear it, it is mental cruelty. This is harassment of the husband, and it hurts the husband's sentiments.

  • The court also said that we are not saying that divorce can happen because of this. But this is a solid and sufficient reason to end a marital bond. After this, the court changed the lower court's decision and allowed divorce for the husband.
  • The wife had accused the husband of having relations with other women, on which the court said that the woman had committed mental cruelty by making false allegations. Both husband and wife have been living separately since 2011. The husband had approached the court for divorce in 2008.

What does section 5 of the Hindu Marriage Act 1955 say?

  • The people getting married should not be already married.
  • If either party is ill at the time of marriage, his consent will not be considered valid. Even if he is capable of giving valid consent. But he should not have any mental disorder.
  • Neither of the parties should be less than the age of marriage. The groom's age should be at least 21 years, and the brides should be at least 18 years.

It is not written anywhere in the Act that if Mangalsutra or vermilion is not worn, it symbolizes cruelty. And if a woman does not do this, it does not mean that the woman does not agree to the marriage.

When can divorce take place under Hindu Marriage Act?

Adultery: If the other party has voluntarily entered into a sexual relationship with another man or woman after the marriage.

Cruelty: If the other party has committed mental or physical cruelty to the petitioner.

Exclusion: If the other party has left the petitioner alone for less than two years.

Conversion of Religion: If a party has converted to another religion and is no longer a Hindu.

Mental disorder: If a party is wrongfully suffering from a mental disorder or is insane to such an extent that it is not reasonable for the petitioner to expect the defendant to be with the respondent.

Leprosy: If one of the parties suffers from an incurable disease like leprosy.

Disease: If either party is suffering from any disease in infectious form.

Renunciation: If a party has renounced the world and has entered a religious system.

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