The Madras High Court has declared that a wife’s removal of her mangalsutra—an important symbol of marriage—constitutes severe mental cruelty. The court granted a divorce to the husband based on this judgment.
Justices VM Velumani and S. Sounthar made this ruling while hearing an appeal from C. Sivakumar, a professor in Erode, challenging a Family Court decision from June 15, 2016, which had denied him a divorce.
During the proceedings, the wife admitted to removing her mangalsutra at the time of their separation, although she claimed she kept the thali (a traditional pendant) and only removed the chain. Her lawyer argued that the removal of the thali chain was not crucial under Section 7 of the Hindu Marriage Act. However, the court highlighted that the thali is a key element of marriage in Hindu tradition and its removal is a significant act.
The court found that the wife’s action of removing the thali chain—kept in a bank locker—was a major sign of mental cruelty. This act, coupled with other evidence, suggested that there was no intention to reconcile and continue the marriage. The court also noted that the wife had made damaging allegations of extramarital affairs against her husband in front of colleagues, students, and police, which contributed to the mental cruelty.
Given the couple’s separation since 2011 and the lack of any reconciliation attempts by the wife, the court concluded that the marriage should be dissolved. The High Court overturned the lower court’s decision and granted the divorce.
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