MP: Hindu Marriage Act additionally relevant to individuals of Jain-Buddhism, HC said- Household Court docket order unsuitable

The Madhya Pradesh Excessive Court docket has given an vital verdict. The Division Bench of the Excessive Court docket on Monday made it clear in its detailed order that the Structure and the Legislature have acknowledged Hindu, Buddhist, Jain and Sikh faith collectively. Due to this fact, the Hindu Marriage Act additionally applies to followers of Jain and Buddhism. The Household Court docket needed to observe the authorized provisions as a substitute of explaining spiritual practices. The choice of the Household Court docket on this case is unlawful.

The spouse of petitioner Nitin Sethi, who hails from Indore district, filed a divorce case within the household court docket. The Household Court docket rejected the divorce software saying that the Jain group has been declared a minority. Jainism is completely different from Hinduism and the Hindu Marriage Act doesn’t apply to followers of Jainism. On this foundation, the court docket declared 28 such functions unlawful in a single day.

Excessive court docket feedback

The choice given by the Household Court docket was challenged within the Excessive Court docket. After listening to the 2 -judge bench right here made it clear that the Hindu Marriage Act just isn’t restricted to Hindus but in addition applies to Jain, Buddhist and Sikh communities. The Household Court docket gave a choice on the unsuitable foundation.

The Excessive Court docket mentioned that if the household court docket had any doubt, then it ought to have despatched the matter to the Excessive Court docket. The Household Court docket tried to discover a distinction between the 2 religions and the arguments made by it weren’t legitimate. This resolution of the court docket made it clear that the regulation can’t be modified by misinterpreting spiritual beliefs. Readability will are available all authorized issues associated to marriage and discrimination can be stopped on the premise of faith.

MP: Hindu Marriage Act additionally relevant to individuals of Jain-Buddhism, HC said- Household Court docket order unsuitable

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