The Madras High Court has observed that an estranged wife’s act of removing her mangalsutra, a sacred symbol of marital life, amounts to mental cruelty of the highest order. The Court granted a divorce in favor of the husband in a case involving prolonged marital discord.
Background of the Case
A division bench comprising Justices VM Velumani and S Sounthar delivered the ruling while hearing a civil miscellaneous appeal filed by C. Sivakumar, a professor in a medical college in Erode. Sivakumar challenged a Family Court order dated June 15, 2016, which denied him a divorce.
The wife admitted during the proceedings that she had removed her mangalsutra at the time of separation. Although she clarified that she had retained the thali (pendant) and only removed the chain, the Court found the act significant.
Cultural and Legal Implications
The wife’s counsel argued that tying the thali is not a mandatory practice under Section 7 of the Hindu Marriage Act. However, the bench pointed out that in South Indian culture, tying the thali is an essential marriage ritual and its removal during the husband’s lifetime is uncommon.
The Court stated, “The thali represents the continuance of married life and is only removed after the husband’s death. The wife’s act of removing it caused mental agony to the husband and reflected a lack of intention to reconcile.”
Evidence of Mental Cruelty
In addition to the removal of the mangalsutra, the wife was found to have accused her husband of having extra-marital affairs with his colleagues. These allegations were made publicly, in front of students, co-workers, and even the police. The bench noted that these actions caused irreparable damage to the husband’s reputation and amounted to mental cruelty.
Final Judgment
The Court noted that the couple had been living separately since 2011, with no attempts at reconciliation by the wife. Citing the wife’s actions, including the removal of the mangalsutra and baseless allegations, the bench ruled in favor of the husband. The marriage, which took place in November 2008, was dissolved.
The Court remarked, “The evidence shows that the parties have no intention to reconcile. In light of the wife’s acts causing mental cruelty, we grant a decree dissolving the marriage.”
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