Several members of the Jain community have approached the Madhya Pradesh High Court after a family court in Indore refused to grant them divorce under the Hindu Marriage Act.
Recently, First Additional Principal Judge Dhirendra Singh denied a divorce to a Jain couple, stating that Jainism is a separate religion that does not follow Vedic traditions, which are fundamental to Hinduism. Since the Hindu Marriage Act is based on Vedic traditions, the court ruled that it cannot apply to Jains.
Lawyer Pankaj Khandelwal, representing one of the petitioners, said that they have taken the matter to the High Court, as the family court has dismissed around 28 similar petitions. These cases are now under appeal.
On February 17, a High Court Bench of Justice Vivek Rusia and Gajendra Singh appointed a senior lawyer as an amicus curiae (a legal expert to assist the court).
The judges noted that multiple petitions under Section 13-B of the Hindu Marriage Act (which allows divorce by mutual consent) had already been dismissed by the family court. Until the High Court makes a final decision, it has ordered the family court not to dismiss any more petitions on this basis.
Khandelwal argued that since Jainism does not have its own personal law, denying Jains access to Hindu laws leaves them without a legal framework to resolve marital disputes.
While discussing whether members of a minority religion can seek divorce under Hindu laws, the family court highlighted the differences between Hinduism and Jainism. It stated that Hinduism includes various castes and classes, whereas Jainism does not recognise caste or class divisions.
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The court pointed out that Hinduism considers texts like the Vedas, Upanishads, and Smritis as sacred, while Jainism follows its own scriptures, such as the Agamas and Sutras. It also noted that Hindu beliefs include Brahma as the creator of the universe, whereas Jainism teaches that the universe is eternal and was never created.
The court further explained that in Hinduism, the soul and Supreme Soul (Paramatma) are separate, and at the end of life, the soul merges into the Supreme Soul. Jainism, however, believes that each soul is already a Supreme Soul. Additionally, Hindus worship multiple gods and goddesses, while Jains worship only Tirthankaras.
Regarding marriage, the court stated that in Jainism, marriage is mainly for maintaining the continuity of humanity, while in Hinduism, it is considered a sacred religious sacrament.
The court also referred to Jainism's demand for minority status dating back to 1947. It noted that in 2014, the Indian government officially recognized Jains as a minority religious community. The court emphasised that forcing Jains to follow Hindu marriage laws, despite their different religious beliefs, would violate their constitutional right to religious freedom.
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