Pearl Narang is a final year law student of B.B.A.LL.B (Hons.) at Chandigarh University, Mohali and is currently interning as a Trainee in Business World Legal Community. She is also pursuing a diploma in Contract Drafting, Negotiation and Dispute Resolution. She is passionate about both law and writing.
A review petition was filed in Gauhati High Court. The petition challenged an earlier order of the Court where it observed that a wife's refusal to wear Sakha/Sindoor was indicative of her disinterest in continuing a relationship with her husband.
The statement was taken out of context: Gauhati HC
The Division Bench comprising Chief Justice Ajai Lamba and Justice Soumitra Saikia was of the view that the statement which forms the basis of the petitioner's plea has been read out of context.
The Judges stated, "It appears that the review applicant is reading the statement about the wife not wearing ‘sindoor’ out of context. The review application has been argued as if this was the only ground considered by the Court for dissolving the marriage, however as explained ... it is not so."
Not wearing Sindoor was only one of the indicators that Court took into consideration
The Bench reaffirmed that not wearing Sindoor was only one of the indicators the Court had taken into consideration to grant a divorce.
The Court emphasized that the decision was passed in the husband's favour because the wife filed a case against him and his family, The Division Bench made the following observations in this regard.
"Surely, when the facts and circumstances and evidence are considered collectively, such statements (that she refuses to wear Sakha/Sindoor) given by the wife can also be considered for concluding that the marriage had irrevocably broken. It is in this sense that the evidence has been read."