The Madras High Court recently ruled that an estranged wife’s removal of her mangalsutra constitutes mental cruelty of the highest order, and granted a divorce to the husband.
The division bench of Justices VM Velumani and S Sounthar made this observation while allowing a civil appeal from C Sivakumar, a medical college professor in Erode, who challenged a June 15, 2016, Family Court order that denied his divorce petition.
During her examination, the wife admitted to removing her mangalsutra at the time of separation, although she claimed to have kept the thali (the pendant) and only removed the chain. Her counsel argued that according to Section 7 of the Hindu Marriage Act, tying a thali is not mandatory, so its removal should not affect the marriage.
However, the bench pointed out that in South Indian marriages, tying a thali is an essential ritual. They noted that the wife had admitted to keeping the thali in a bank locker, which is unusual as Hindu married women typically wear it continuously during their husband’s lifetime.
The court stated, “Thali around the neck of a woman symbolizes the continuance of married life and is removed only after the husband’s death. Therefore, its removal by the petitioner can be considered an act of mental cruelty, causing significant emotional distress to the husband.”
The bench emphasized that while removing the thali chain alone might not end a marriage, it is significant evidence indicating the parties’ intentions. The wife’s act, combined with other evidence, led the court to conclude that the couple had no intention of reconciling.
Furthermore, the court noted that the wife had accused the husband of having extra-marital affairs with female colleagues in front of coworkers, students, and police. The court found these accusations to be false and harmful to the husband’s character.
The judges stated, “There is no evidence that the wife has attempted a reunion since their separation in 2011. Given the circumstances and the mental cruelty caused by the wife, we grant a decree dissolving the marriage.”
