The Madhya Pradesh High Court is set to determine whether members of the Jain community can seek divorce under the Hindu Marriage Act, following a contentious decision by a family court in Indore. The case involves a 37-year-old software engineer from the Jain community who sought a divorce by mutual consent, which the lower court denied based on the community’s minority status.
The issue surfaced when the family court, on February 8, refused the engineer’s application under section 13-B of the Hindu Marriage Act, 1955, citing the minority status granted to the Jain community in 2014. According to the family court’s interpretation, the act was not applicable to Jains because it conflicted with the religious beliefs specific to their community.
The appellant contested this decision, prompting the High Court’s intervention. Justices Vivek Rusia and Gajendra Singh, presiding over the matter, noted the unique nature of the case, highlighting that similar petitions had been dismissed by the Family Court in Indore, with some already on appeal.
During proceedings, the High Court has temporarily restrained the family court from dismissing pending petitions on the basis that Jains are ineligible for relief under the Hindu Marriage Act. The court also appointed senior advocate A.K. Sethi as amicus curiae to assist in resolving this legal dilemma.
Scheduled for a hearing on March 18, the High Court will examine whether the provisions of the Hindu Marriage Act, which explicitly include Jains alongside Buddhists and Sikhs under section 2, can apply in cases of marital disputes involving members of the Jain community. The decision could potentially set a significant legal precedent concerning the application of family law across different religious communities in India.
