Removing mangalsutra ‘mental cruelty of highest order’ towards husband: Madras HC 

Removal of Mangalsutra or thali by an estranged wife could amount to subjecting the husband to mental cruelty of the highest order, a two-judge bench of the Madras High Court said while granting divorce to an aggrieved individual. Thali or mangalsutra is a sacred chain worn by a woman as a token of being married.  

The bench comprising Justices VM Velumani and S Sounthar made the observation while allowing a miscellaneous appeal from C Sivakumar, a professor at a medical college in Erode.  

In this petition, Sivakumar sought quashing of the order of a local court refusing to grant him divorce. When his estranged wife was questioned, she admitted she removed her thali chain. Though she explained that she retained the thali and only removed the chain, an act that has its own significance, news agency PTI reported.  

Her counsel cited section 7 of the Hindu Marriage Act and said tying the thali is not necessary and hence its removal, even assuming it was true, would not have any bearing on the marital bond.  

The bench cited the orders of a division bench of the High Court and said, “Thali around the neck of a woman was a sacred thing which symbolises the continuance of married life and it is removed only after the death of the husband. Therefore, its removal by the petitioner/wife can be said to be an act which reflected mental cruelty of the highest order as it could have caused agony and hurt the sentiments of the respondent.” 

It further said that the act of removing the mangalsutra at the time of separation along with other evidences “compel us to a definite conclusion that the parties have no intention to reconcile and continue the marital knot.” The bench noted she made accusations of extra marital affairs against the man with his female colleagues in presence of coworkers, students and police.  

Following this, the judges noted they believe the wife caused mental cruelty to the husband by suspecting his character and making false accusations of extra marital affairs.  

(With agency inputs)