Jains and the Hindu Marriage Act: A Legal Crossroads

The Madhya Pradesh High Court is considering whether Jains can seek relief under the Hindu Marriage Act after the Jain community was granted minority status. A 37-year-old software engineer's divorce petition was rejected by a family court. The issue's outcome may affect numerous similar cases.

The Madhya Pradesh High Court has embarked on a landmark case to determine if members of the Jain community can seek relief under the Hindu Marriage Act. This follows the rejection of a divorce petition filed by a 37-year-old software engineer after a family court refused his application, citing that Jains have minority status.

The family court's decision was based on a government notification from January 27, 2014, which granted Jains minority status, thus questioning their eligibility to use the Hindu Marriage Act for marital disputes. However, the petitioner argues that the Act applies to Jains similarly to Hindus, Buddhists, and Sikhs.

Seeking to address the confusion, the High Court bench of Justices Vivek Rusia and Gajendra Singh noted the absence of prior court decisions on this matter. As the case unfolds, senior advocate A K Sethi has been appointed as amicus curiae, with further proceedings scheduled for March 18.

(With inputs from agencies.)