Despite minority status, Jains within Hindu Marriage Act, says MP High Court; sets aside family court order

The Madhya Pradesh High Court was hearing the plea of a software engineer against the February 8 order of the additional principal judge of the Indore Family Court.

Indore: The Indore bench of Madhya Pradesh High Court on Monday said the Jain community remains within the scope of the Hindu Marriage Act despite getting minority status in 2014.

The HC was hearing the plea of a software engineer against the February 8 order of the additional principal judge of the Indore Family Court.

The Family Court judge had refused to accept the application for divorce by mutual consent of the 37-year-old software engineer and his wife (35), both belonging to the Jain community, under section 13-B of the Hindu Marriage Act.

In his order, the additional principal judge said, after the Jain community got government status of minority in 2014, it does not seem appropriate to give the benefit of the personal law related to "any religion having beliefs contrary to his religion" to any follower of this religion.

In his appeal in the HC, the software engineer had contended he had married as per Hindu customs.

Accepting the appeal, a bench of Justices Sushrut Arvind Dharmadhikari and Sanjeev S Kalgaonkar said the additional principal judge of the Family Court has committed grave illegality and manifest impropriety in concluding that provisions of Hindu Marriage Act 1955 are not applicable to members of Jain community and returning the petition filed under Section 13B of the Hindu Marriage Act for being presented under section 7 of the Family Courts Act.

"The impugned order dated February 8 is set aside. The appeal is allowed. The 1st Additional Principal Judge Family Court, Indore is directed to proceed with the petition in accordance with law," the HC bench said.

The HC said the Central government, in exercise of powers conferred by Clause (c) of Section 2 of National Commission for Minorities Act 1992, notified the Jain community as a minority community.

This notification recognises Jain community as a minority community but it does not amend, invalidate or supersede express provision of any existing laws, the HC said, adding no corresponding amendments have been made to exclude the members of Jain community from application of any existing law.

The founders of the Constitution of India and the Legislature in their collective wisdom have integrated the Hindu, Buddhist, Jain and Sikh for application of Hindu Marriage Act, the HC said while observing there was no occasion for the additional principal judge to substitute his own views and perceptions against the express provisions of the law.

If the Family Court was satisfied that the case pending before it involves a question as to operability of provisions of Hindu Marriage Act to the members of Jain community, it could have referred the case for opinion of High Court under Section 113 of Code of Civil Procedure read with Section 10 of Family Courts Act, the HC said in its order.