In a landmark ruling, the Madhya Pradesh High Court has issued a directive to a family court in Indore, instructing it not to dismiss divorce petitions filed by Jain community members under the Hindu Marriage Act. This decision comes amid ongoing legal debates concerning the applicability of the Act to Jains, following a significant number of cases being rejected on the grounds of their minority status.
A division bench, consisting of Justices Vivek Rusia and Gajendra Singh, was hearing a plea from a software engineer and member of the Jain community. His divorce petition was previously dismissed by the lower court in Indore. To better understand the legal intricacies, the court has appointed senior advocate AK Sethi as amicus curiae.
During the proceedings, advocate Dilip Sisodia, representing the petitioner, argued that Section 2B of the Hindu Marriage Act, which extends to Jains along with Buddhists and Sikhs, should safeguard the rights of Jains to seek divorce akin to Hindus. He highlighted that the court’s dismissal of the engineer’s divorce plea was unjust, prompting the high court’s intervention.
In response to the plea, the high court has temporarily halted the dismissal of any pending Jain divorce petitions by the family court and scheduled a further hearing for March 18.
The controversy stems from a 2014 notification by the Centre that designated Jains as a minority community, which the Indore family court cited as a basis to exclude Jains from seeking relief under the Hindu Marriage Act. Judge Dhirendra Singh of the family court pointed out the theological differences between Jainism and Hinduism but neglected the legal ramifications of such distinctions on civil matters like divorce.
Advocate Sisodia remarked on the absence of a specific matrimonial law for Jains, which has historically led them to rely on the Hindu Marriage Act for resolving marital disputes. Rajesh Jain, media in-charge of the Vishwa Jain Sangathan, voiced the community’s frustrations over their political and legal treatment, emphasizing that minority status should not strip them of their rights under the Hindu Marriage Act.
