Madras High Court: Removal of Mangalsutra by Wife is Mental Cruelty of the Highest Order
The Madras High Court recently ruled that the removal of a Mangalsutra by an estranged wife constitutes mental cruelty of the highest order, warranting divorce. The court granted the divorce in favor of C. Sivakumar, a professor in a medical college in Erode, Tamil Nadu.
A division bench of Justices VM Velumani and S Sounthar made this observation while overturning a lower family court’s refusal to grant the divorce in 2016.
During the proceedings, the wife admitted to removing the Mangalsutra at the time of separation, though she claimed she retained the sacred thali and only removed the chain. Her counsel argued that tying a thali is not a mandatory practice under the Hindu Marriage Act, so its removal should not affect the marital bond.
However, the court emphasized that in South Indian culture, tying the thali is an essential marriage ritual. The bench noted that no Hindu married woman typically removes the thali during her husband’s lifetime. “The thali represents the continuation of married life and is removed only after the husband’s death. Its removal signifies a mental cruelty of the highest order, causing emotional agony to the husband,” the bench observed.
The court also highlighted other instances of mental cruelty caused by the wife. She had accused her husband of having extramarital affairs with colleagues, making these allegations publicly in front of coworkers, students, and even police officers.
Justice Velumani and Justice Sounthar remarked, “These false accusations, coupled with the wife’s act of removing the thali chain, show an intent to sever marital ties. The couple has been living apart since 2011, and there is no evidence of any attempt at reconciliation by the wife.”
In light of these facts, the court concluded that the marriage, which began in November 2008, had irretrievably broken down. It granted a divorce, overturning the family court’s earlier decision.
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