No Sindoor, No Mangalsutra -Can A Woman Be Denied Her Legal Status As Wife?

Consider this.  You live with your spouse, were legally married in a ceremony, and may even have children.  “You’re not wearing sindoor or mangalsutra... are you even really married?” someone wonders one day.  It sounds absurd, doesn’t it?  These presumptions are still prevalent, though.  

So, the question is: Can a woman’s lack of sindoor or mangalsutra be grounds for denying her legal status as a wife?

Symbols vs. Status

In many Hindu cultures, traditional marriage symbols include bangles, sindoor, and mangalsutra. The important thing to remember is that they are cultural icons rather than mandated by law. The same symbols are not even used in all Hindu communities. In many South Indian groups, for instance, the "Thali" which is comparable to the mangalsutra is tied in place of sindoor. Others don't wear either. Can all women be required to wear a symbol that isn't even present in all cultures?

The Legal Stand: What Makes a Marriage Valid?

Hindu weddings that are solemnised with the appropriate traditional rituals and ceremonies are deemed lawful under Section 7 of the Hindu Marriage Act, 1955. The community's customs determine these rites; the law does not provide a definite definition. Here's the intriguing part: According to Section 7(2), in certain communities, Saptapadi, or "seven steps around the fire," is crucial. Some governments have implemented Section 7A, which permits alternative rituals such as exchanging garlands or rings or tying the Thali. The Act makes no reference to sindoor or mangalsutra as a requirement. Accordingly, the legality of the marriage is unaffected by whether these symbols are worn or not.

So Why the Confusion?

Because emotions and customs get mixed with law.

In some cases, courts have had to deal with arguments around removal or absence of these symbols.

In Shri Bhaskar Das v. Smt. Renu Das case the wife refused to wear sindoor and sakha, which hurt the husband emotionally. The court held this amounted to mental cruelty, not that it invalidated the marriage.

In V. Jyothi vs. V. Suresh case the wife was forced by her husband to remove her mangalsutra. She never wanted to end the marriage. The court rejected the husband’s plea for divorce, saying that mere removal of mangalsutra is not enough to call it cruelty.

In  C. Sivakumar vs. A. Srividhaya case the wife removed her mangalsutra at the time of separation, which was seen as symbolic of ending the marriage. The court said it amounted to mental cruelty, but again, this was in a divorce context, not about denying legal wife status.

Therefore, in certain situations, removing mangalsutra with the intention of disrespecting the marriage may be considered cruel. But not even donning it? That is insufficient to cast doubt on the legality of the marriage.

Can a Woman Be Denied Her Legal Identity as a Wife?

Definitely not, if the marriage is legitimate in any other way.  The woman has all legal rights as a wife if the marriage was legally consummated (with or without mangalsutra) and either witnessed or registered.  The right to upkeep  property right of the husband (if relevant)  Right to file a cruelty claim under Section 498A IPC  Residence rights under the DV Act  The ability to request custody, alimony, and divorce  Her marriage is unaffected by whether or not she wears a necklace with black beads.

Do Men Wear Anything to Show Marriage?

No. No chain, no rings, and no insignia that says "I'm married." However, nobody asks whether they are married. What is the reason for women to be responsible for "proving" their marital status by outward signs? This assumption is incredibly gendered and, to be honest, unjust.

What If It’s Not Her Custom?

Not every Hindu community observes the same customs.  Some people don’t wear sindoor or tie mangalsutra.  Some people don’t even wear any obvious indicators.  This has been acknowledged by the courts.  Traditions are important.  It is also OK if a lady never wore these emblems because of her national, regional, or personal customs.

Conclusion

A woman’s status as a wife doesn’t hang on a chain or a pinch of vermillion.

Marriage is recognised legally based on intent, rituals, and ceremonies rather than decorations.  According to courts, removing mangalsutra during a furious argument or separation may indicate a breakdown in a marriage, but it does not always mean that a woman is no longer a wife.  Wearing these emblems ought to be a personal decision rather than a sign of allegiance or authority.

Marriage is a bond, not a uniform.

Let women decide how they want to honour that bond whether through love, respect, or even sindoor. But don’t question their rights for how they dress.

This article is authored by Reshma Swain, who was among the Top 40 performers in the Constitution Law Quiz Competition organized by Lets Learn Law.