During the hearing, the husband pointed out that the wife while leaving his company in 2011 had removed her thali chain (Mangalsutra), which is a sacred chain worn by a woman as a token of being married.
However, the wife explained that she had only removed that chain and had retained the thali. She submitted that tying thali chain is not necessary and removing it would also not have any impact on the marital life of a couple.
The judges, however, opined that the act of removing thali chain had its own significance and it showed that the parties had no intention to continue the marital relationship.
“It is a matter of common knowledge that tying of thali is an essential ritual in marriage ceremony that takes place in this part of the world. The removal of thali chain is often treated as an unceremonious act. We don’t say for a moment that removal of thali chain per se sufficient to put an end to the marital knot, but the said act of the wife is a piece of evidence in drawing an inference about the intentions of the parties. The act of the wife in removal of thali chain at the time of separation coupled with various other evidences available on record, compel us to come to a definite conclusion that the parties have no intention to reconcile and continue the marital knot,” the bench held.
The Court, therefore, allowed the appeal and granted divorce to the husband.
Source: Barandbench
