MP HC: Hindu Marriage Act governs Sikhs, Jains, Buddhists

INDORE: Madhya Pradesh HC Monday said the provisions of Hindu Marriage Act are "applicable to all persons, who are Buddhist, Jain or Sikh by religion". A division bench of Justices Sushrut Arvind Dharmadhikari and Sanjeev S Kalgaonkar observed the same while directing a family court judge to proceed with divorce petitions of a Jain couple that he had returned on grounds that the community was notified as a 'minority', hence Hindu Marriage Act does not apply to it. The family court judge committed a "grave illegality", HC observed.

"Sub-section (3) of Section 2 fortifies applicability of Hindu Marriage Act to Jain community. These express provisions of the law were unfortunately not considered in the correct perspective by the judge (of family court)... The expression 'Hindu' in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section," HC said.