Hindu Marriage Act Applies to Jain Community: MP High Court

Hindu Marriage Act Applies to Jain Community: MP High Court

  • Case Name: Nitesh Sethi v. Shikha Sethi

The Madhya Pradesh High Court set aside the Family Court’s order, clarifying that the Jain community is governed by the provisions of the Hindu Marriage Act, as the marriage rituals are similar.

The court recognized Jains as a minority, referring to Article 25 (explanation II) of the Constitution, which states that Hindus shall be construed as persons professing the Sikh, Jaina, or Buddhist religion.

The bench criticized the Family Court for committing grave illegality in concluding that the provisions of the Hindu Marriage Act do not apply to the Jain Community & directed the Family Court to proceed with the Section 13 HMA petition following the law.

HC Judgement / 4 months ago

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