Don’t reject Jains’ divorce plea under Hindu Act: HC

Bhopal: The Madhya Pradesh high court has restrained a family court in Indore from dismissing any divorce petition filed by couples from the Jain community under the Hindu Marriage Act, observing that at least 28 such pleas finalised by the family court citing their minority status have been brought before it.

A division bench comprising justices Vivek Rusia and Gajendra Singh, while hearing a petition filed by a software engineer from the Jain community on February 17 challenging the dismissal of his divorce plea by the lower court in Indore, appointed senior advocate AK Sethi as amicus curiae to assist it on the question whether those following Jainism can seek divorce under the Hindu Marriage Act.

“A divorce petition was filed by a software engineer at Indore Family Court. The petitioner, who was married since 2017, applied for divorce last year under Section 13-B of the Hindu Marriage Act (pertaining to divorce),” advocate Dilip Sisodia said, adding that the family court dismissed the application.

“We argued before the MP High Court that Section 2B of the Hindu Marriage Act applies to Jain, Buddhist and Sikh communities besides Hindus. After hearing the arguments, the High Court has banned the Family Court from rejecting divorce petitions by calling the Jain community a minority,” the advocate added.

The high court was apprised that 28 similar petitions were pending an appeal. The Indore bench of the high court restrained the family court from dismissing any pending divorce applications of Jains and posted the matter for hearing on March 18.

In January, the family court first additional principal judge Dhirendra Singh observed that the Centre in 2014 issued a notification granting minority status to the Jain community, adding that the “followers of this religion no longer have any right to get relief under the Hindu Marriage Act.”

“There is difference in Jain and Hindus tradition as the former opposes fundamental Vedic traditions and beliefs. Jainism, considered the universe to be eternal while Hindus believes to be created by Brahma. Jain worships the Tirthankaras while Hindus worships gods and goddesses. For Jain, marriage is considered a social tradition while for Hindus, marriage is considered a sacrament,” Singh noted.

Advocate Sisodia said: “Jain society has no law of its own for the settlement of marital disputes, so for years the law is giving judgment as per rights given in Hindus Marriages Act.”

Rajesh Jain, the media in-charge of the Vishwa Jain Sangathan, said a high-level meeting will be held in Delhi in the coming days to take a decision on the issue.

“The central government gave us minority status due to population and for our development but it doesn’t mean that we are not Hindus. The politicians called us Sanatani during elections and now they are not uttering any word against this injustice of excluding us from the rights given us under Hindu marriage Act,” Jain added.