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Wife’s Religion Does Not Merge With Husband’s Post Marriage, Observes Supreme Court

Team SoOLEGAL 8 Dec 2017 1:57pm

Wife’s Religion Does Not Merge With Husband’s Post Marriage, Observes Supreme Court

The Supreme Court of India has disagreed on the Bombay High Court’s ruling that a woman’s religion merges with her husband’s faith after marriage and asked the Parsi Anjuman in Gujarat's Valsad to consider the plea of a woman from the community - who has married outside the religion - seeking to attend the funeral of her father as and when he passes away.

A bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan said it appeared to be manifestly arbitrary that a Parsi man marrying outside the community was not barred from the Tower of Silence but a woman was.

Further observing that "DNA does not evaporate" after marrying outside the religion, the court said that the "marrying under the Special Marriage Act is only for the retention of original identity".

The Parsi woman has sought a declaration from the court that she would not be barred from attending the funeral of her father merely because she has married outside the religion.

Goolrokh M Gupta, who married outside Parsi religion under the Special Marriage Act, has contended that merely by marrying outside her religion would not result in her excommunication from Parsi religious activities. [Inputs BS] 

Tagged: Supreme Court   Bombay High Court   Marriage Act   Justice  
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