Woman Granted Divorce After She “Renounces World, Enters Religious Order

The Ahmedabad Court recently granted divorce to a woman who renounced the material world and became a Jain Nun 3 months ago.

The woman took diksha (Jain ritual of renunciation) and became a Jain nun, where her plea for divorce from her husband was turned down on the grounds of cruelty.

The bench comprising Justice Rajendra Sareen & Justice AJ Desai ruled a date of January 30 and stated that she would be therefore entitled to divorce as she “renounced the world by entering into a religious order.” Therefore, this is considered one of the grounds for which solemnized marriage could be dissolved by a decree of divorce under the act of Hindu Marriage Act, of 1955.

The plea further stated that the appellant got married on February 23rd,2017. Although, on June 7 of the same year where she stopped continuing her married life with her husband and from then he started “inflicting cruelty” on her.

A Wadhwan’s Judicial Magistrate Court (Surendranagar District) granted permission to the woman to move out of her matrimonial home to stay with her father and rejected her husband’s application for issuance of a search warrant against the woman as sought under section 97 of the Code of Criminal Procedure.

Furthermore, on October 12, 2018, the woman filed for divorce in the family court but her husband opposed it and sought restitution of the conjugal rights. After the rejection of her application in the Surendranagar court by the principal judge (family judge), she then approached the HC.
While her plea was pending in the HC, the woman took diksha on November 28, 2022, and renounced the material world by entering into the monastic life, where her father informed the court in an affidavit.