The Madhya Pradesh High Court recently set aside a Family Court's order rejecting a divorce petition under the Hindu Marriage Act, 1955 (HMA), clarifying that the Act applies to the Jain community despite its recognition as a minority community. The ruling underscores the legal position that Jain marriages fall within the purview of HMA due to their similarity in rituals and the express provisions of the law.
Background of the Case
The case arose from an appeal under Section 19(1) of the Family Courts Act, challenging the Family Court’s order, which refused to entertain a plea for dissolution of marriage under Section 13B of HMA. The appellants, a married couple who tied the knot in 2017 according to Hindu rituals, sought divorce through mutual consent. However, the Family Court, citing a 2014 notification of the Ministry of Minority Affairs that recognized Jains as a minority community, concluded that HMA did not apply to Jains and directed the parties to seek recourse under Section 7 of the Family Courts Act instead.
High Court’s Observations
The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Sanjeev S. Kalgaonkar ruled that the Family Court erred in engaging in an interpretative analysis of Jain rituals instead of applying the explicit legal provisions governing marriage and divorce. The High Court noted that:
- The Family Court’s interpretation of religious practices was unnecessary since the HMA explicitly includes Jains under its ambit.
- Section 2(1)(b) of HMA states that the Act applies to any person who is a Buddhist, Jaina, or Sikh by religion.
- Article 25 of the Constitution, Explanation II, clearly includes Jains within the definition of Hindus for the purposes of personal laws.
- The Hindu Marriage Validity Act, 1949, was enacted to validate intermarriages among Hindus, Sikhs, and Jains, reinforcing their inclusion under the same legal framework.
Provisions Cited in the Judgment
- Hindu Marriage Act, 1955 (HMA):
- Section 2(1)(b): This section specifies that the Act applies to any person who is a Buddhist, Jaina, or Sikh by religion.
- Section 13B: Deals with divorce by mutual consent.
- Constitution of India:
- Article 25, Explanation II: It states that the reference to Hindus shall be construed as including persons professing the Sikh, Jaina, or Buddhist religion, reinforcing their inclusion under Hindu personal laws.
- Hindu Marriage Validity Act, 1949:
- This Act validates marriages between Hindus, Jains, Sikhs, and Buddhists, ensuring their legal recognition under the same framework.
- Family Courts Act, 1984:
- Section 7: Specifies the jurisdiction of family courts in matters related to marriage, including divorce.
- Section 19(1): Provides for appeals against the decisions of family courts.
- Code of Civil Procedure, 1908:
- Section 113: Allows subordinate courts to refer a case involving a substantial question of law to the High Court for its opinion.
Rejection of the Family Court’s Rationale
The High Court found that the Family Court’s reliance on the 2014 notification recognizing Jains as a minority community was misplaced. The notification did not amend, invalidate, or override any provision of existing laws, including the HMA. The Court clarified that legislative intent and judicial precedent have consistently upheld the applicability of HMA to Jains, Buddhists, and Sikhs.
Implications of the Judgment
This ruling reinforces the well-established principle that the personal laws of Hindus, Jains, Sikhs, and Buddhists are integrated under the Hindu Marriage Act unless explicitly excluded by legislative action. The judgment also highlights the role of courts in adhering to statutory provisions rather than engaging in academic analysis of religious practices.
Conclusion
By setting aside the Family Court's order, the Madhya Pradesh High Court reaffirmed the legal position that the Hindu Marriage Act applies to Jains. The Family Court has now been directed to proceed with the Section 13B HMA petition in accordance with the law. This decision strengthens legal clarity on the status of Jain marriages under HMA and prevents misinterpretations that could lead to inconsistent judicial rulings in the future.
