Several members of the Jain community have knocked on the Madhya Pradesh High Court’s doors after a family court in Indore denied them relief under the Hindu Marriage Act.
First Additional Principal Judge, Family Court, Dhirendra Singh recently refused to grant divorce to a couple who practice the Jain religion under provisions of the Hindu Marriage Act, observing, “Jainism is a religion that opposes the fundamental Vedic traditions and beliefs of Hinduism and is not based on Vedic tradition, whereas Hinduism is entirely rooted in Vedic tradition.”
The lawyer for one of the applicants, Pankaj Khandelwal, told The Indian Express, “We have approached the High Court and apprised that there are around 28 similar petitions dismissed by the family court which are now under appeal.”
On February 17, a High Court Bench of Justice Vivek Rusia and Gajendra Singh designated a senior advocate as an amicus curiae to assist the court. It observed that the multiple lawyers have submitted “as many as 28 petitions filed under section 13-B of Hindu Marriage Act (which deals with divorce by mutual consent) have been finalised by the First Additional Principal Judge Family court”, and restrained the family court from dismissing any more petitions on this ground till it comes to a decision.
Khandelwal had argued that Jainism “currently lacks its own enacted personal law, (and) denying a follower of Jainism relief under Hindu law would leave them without a judicial forum to establish their statutory rights concerning marital disputes.”
The family court, while dealing with the question of whether followers of a minority community can be granted relief under the Hindu Marriage Act, dealt with the differences between the two religions. The court said Hinduism encompasses various castes and classes, whereas Jainism does not recognise divisions based on caste or class.
“In Hinduism, texts such as the Vedas, Upanishads, and Smritis are considered sacred. However, Jainism does not accept the Vedas or other Hindu scriptures and has its own distinct sacred texts, such as the ‘Agamas’ and ‘Sutras’,” the court said.
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The court said that according to Hindu beliefs, the universe was created by Brahma. “Instead, Jainism posits that the universe is eternal and was never created. In Hinduism, the soul and the Supreme Soul (Paramatma) are considered distinct, and it is believed that upon the end of life, the soul merges back into the Supreme Soul. In contrast, Jainism holds that every soul is itself a Supreme Soul. In Hinduism, worship of multiple gods and goddesses is practiced, whereas in Jainism, Tirthankaras are worshipped,” it said.
In Jainism, the “primary purpose of marriage is to maintain the continuity of humanity related to one’s religion, and no religious purpose is considered inherent in this concept”, while in Hinduism, “marriage is regarded as a sacred religious sacrament,” the court said.
The court said that as early as 1947, followers of Jainism began pressing their demand for recognition as a minority religious community. “Based on the continuous nature of this demand, the Central Government, in 2014, granted recognition to Jainism as a minority religious community… Thus, it is clear that followers of Jainism also have the constitutional right to freely practice their religious and social beliefs and traditions. Forcing followers of Jainism — a religion thousands of years old — to adhere to the laws of Hinduism, which holds opposing ideologies, would undoubtedly be tantamount to depriving them of their constitutional right to religious freedom,” the court said.
Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy.
Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free.
Expertise and Reporting Beats
Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors:
National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres.
Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA).
Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking.
Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers.
Professional Background
Tenure: Joined The Indian Express in 2017.
Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh.
Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs.
Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife.
Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance.
Digital & Professional Presence
Author Profile: Anand Mohan J at Indian Express
Twitter handle: @mohanreports ... Read More
