Only a few days back, in an alleged rape case, a judge in Karnataka High Court had attacked the victim with certain sexist questions like – Why did she go to her office at 11 PM? and Why did she have drinks with the accused, etc.?
And now the Guwahati High Court has come up with another heartbreaking and ridiculous statement.
During a divorce case hearing, Guwahati High Court said that a married Hindu woman’s refusal to wear sakha (bangles made of conch-shell) and sindoor (vermillion) as per the marriage rituals and customs, shows her unwillingness to accept her marriage to the husband, reports Hindustan Times.
Few months into the marriage, the wife expressed her wish of a separate accommodation as she didn’t want to live in a joint family. The husband alleged that the couple would often fight which affected their conjugal relations. The wife also allegedly failed to conceive a child.
The wife had later left his home and filed a case against the husband and his family under Section 498A (husband or his relative subjecting a married woman to cruelty). The court declared that the husband and his family were not guilty.
After this, the husband filed for divorce citing cruelty by his wife in Assam’s Family Court. However, the court rejected the plea as the wife didn’t inflict any cruelty against the husband. But, when the case moved to HC, the husband alleged that the wife refused to wear Sakha and sindoor. The woman did not deny the claim.
In its order, the HC said that the woman’s unwillingness to wear sakha and sindoor signified that she doesn’t accept the marriage and granted the husband’s plea for divorce.
“Under such circumstances, compelling the husband to continue to be in matrimony with the wife may be construed to be harassment,” the HC stated.
Netizens shocked by the HC’s statement came forward to express their anger and disgust.
At IFORHER, we are not only ashamed but also heartbroken with this order.
When our judiciary system, which is supposed to be fair and unbiased, shows such a regressive and patriarchal mindset, it is a moment to worry. In the country, where women are fighting for their basic rights, judgments like such only send us centuries back in our fight for equality.