‘Jainism Isn’t Vedic’: 28 Jains Challenge Madhya Pradesh Family Court’s Divorce Denial Under Hindu Marriage Act

A legal storm is brewing in Madhya Pradesh as 28 members of the Jain community have appealed to the High Court after an Indore family court refused them divorces under the Hindu Marriage Act. The First Additional Principal Judge, Dhirendra Singh, ruled that Jainism, with its distinct beliefs, doesn’t align with Vedic-rooted Hinduism, leaving couples without relief.

The controversy erupted when Judge Singh denied a Jain couple’s mutual divorce plea under Section 13-B, stating, “Jainism opposes the fundamental Vedic traditions of Hinduism.” He highlighted key differences: Hinduism reveres the Vedas and sees marriage as a sacred sacrament, while Jainism follows its own Agamas and Sutras, viewing marriage as a means to sustain humanity, not a religious rite. “Jainism’s universe is eternal, not created by Brahma like in Hinduism,” the court noted, also pointing to contrasting views on souls and worship.

ALSO READ | SHOCKING: 12-Year-Old Girl Gangraped by 5 Men in Jogeshwari, All Accused Arrested

This ruling has sparked 28 similar appeals, now before the Madhya Pradesh High Court. On February 17, Justices Vivek Rusia and Gajendra Singh tapped a senior advocate as amicus curiae to guide them and ordered the family court to pause such dismissals until a verdict is reached. Lawyer Pankaj Khandelwal, representing one petitioner, argued to The Indian Express, “Jains lack a personal law. Denying them Hindu law relief leaves them with no legal recourse for marital disputes.”

The family court’s stance hinges on Jainism’s minority status, recognized by the Centre in 2014 after decades of demands since 1947. “Forcing Jains to follow Hindu laws violates their constitutional right to religious freedom,” Judge Singh wrote, noting Jainism rejects caste divisions and Hindu scriptures, unlike Hinduism’s diverse structure.

This clash echoes broader debates on personal laws in India. With no codified Jain marriage law, couples have historically used the Hindu Marriage Act, enacted in 1955. The High Court’s ruling could set a precedent—either carving out new legal paths for Jains or reinforcing their reliance on Hindu statutes. For now, these 28 petitions spotlight a tension between religious identity and judicial access, with Jains caught in the crossfire.