Bhopal: The Madhya Pradesh High Court has barred an Indore family court from rejecting divorce petitions filed by Jain community members under the Hindu Marriage Act, noting that at least 28 such cases, dismissed by the family court due to the community’s minority status, have reached it for review.
A division bench of Justices Vivek Rusia and Gajendra Singh, while addressing a petition from a Jain software engineer on February 17, appointed senior advocate AK Sethi as amicus curiae to advise on whether Jains can seek divorce under the Hindu Marriage Act. The engineer, married since 2017, had filed for divorce in 2023 under Section 13-B, but the Indore family court dismissed his plea.
Advocate Dilip Sisodia explained, “We argued before the High Court that Section 2B of the Hindu Marriage Act includes Jains, Buddhists, and Sikhs alongside Hindus. The court agreed and prohibited the family court from dismissing Jain divorce pleas on minority grounds.”
The High Court learned of 28 similar appeals and restrained the family court from rejecting pending Jain divorce applications, scheduling the next hearing for March 18.
In January, family court judge Dhirendra Singh had ruled that a 2014 central government notification granting Jains minority status meant they could no longer seek remedies under the Hindu Marriage Act.
He highlighted differences, stating, “Jains reject Vedic traditions, view the universe as eternal unlike Hindus, who attribute creation to Brahma, worship Tirthankaras instead of gods and goddesses, and see marriage as a social custom rather than a sacrament.”
Sisodia countered, “Jains lack a separate marital dispute law, so courts have long applied the Hindu Marriage Act to deliver justice.”
Rajesh Jain, media in charge of Vishwa Jain Sangathan, announced plans for a high-level meeting in Delhi to address the issue, saying, “Minority status was granted for our population and progress, not to exclude us from Hindu identity. Politicians call us Sanatani during elections but stay silent on this injustice now.”
