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Forcibly Applying Sindoor Is Not Marriage Under...

2023-11-24T02:52:16
Adv Dhananjay Pandey
Forcibly Applying Sindoor Is Not Marriage Under...

Forcibly Applying Sindoor Is Not Marriage Under Hindu Law: High Courts The Patna High Court has held that merely putting vermilion on a woman’s forehead under coercion does not constitute a marriage under Hindu law. The court said that such an act does not create any legal rights or obligations between the parties and does not affect their marital status. The court also observed that the woman had not consented to the marriage and had filed a complaint of rape and kidnapping against the man who had forcibly applied sindoor on her. The article also cited some other judgments of different high courts on the issue of sindoor and marriage. For instance, the Bombay High Court had ruled that simply performing two rites, that of sindoor and mangalsutra, does not make a marriage valid under the Hindu Marriage Act, 1955. The court said that the essential ceremonies, rites and rituals recognised by either of the parties must be performed for a valid marriage. The court also noted that the woman had not lived with the man as his wife and had not accepted him as her husband. Similarly, the Gauhati High Court had granted a divorce to a husband on the ground of cruelty by the wife, who had refused to wear sindoor and sakha (a bangle made of conch shells) after marriage. The court said that the refusal to wear these symbols of marriage by a woman married according to Hindu customs signifies her refusal to accept the marriage with the husband. The court also said that the wife had filed a false case of dowry harassment against the husband and his family, which amounted to mental cruelty. These judgments show that the courts have given different interpretations to the significance of sindoor and other symbols of marriage in Hindu law. They have also considered the facts and circumstances of each case to determine the validity of marriage and the grounds for divorce. I hope this information helps you to understand the topic better. 😊

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