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Wife’s religion does not merge with husband’s after marriage: SC

NEW DELHI: The Supreme Court disagreed on Thursday with the Bombay prime court docket’s ruling lady’s religion merges with her husband’s religion after marriage and asked the Valsad Zoroastrian Trust to rethink its determination to bar a Parsi lady from coming into the Tower of Silence to accomplish the remaining rites of her oldsters best as a result of she married outdoor the neighborhood.

A bench of Chief Justice Dipak Misra and Justices A Ok Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan stated it gave the look to be glaringly arbitrary Parsi guy marrying outdoor the neighborhood was once not barred from the Tower of Silence however a girl was once.

Goolrokh M Gupta has been barred from coming into the Tower of Silence via the Valsad accept as true with. The bench stated marriage may just by no means be a floor to denude the civil rights of a girl.

Appreciating the arguments of senior recommend Indira Jaising on behalf of Goolrokh M Gupta, who married a Hindu and has been barred from coming into the Tower of Silence via the Valsad accept as true with, the bench stated, “Marriage does not mean a woman mortgages herself to her husband. Prima facie, we do not accept this merger principle (propounded by Bombay HC to uphold restraining Goolrokh from performing the last rites of her parents).” “There is no law which debars a woman from entering the Tower of Silence after marrying outside the community,” it stated.

Incidentally, Goolrokh’s recommend on report within the SC is her sister Shiraz Contractor Patodia. Their oldsters are each elderly 84 years. Given Goolrokh’s marriage outdoor the neighborhood and the restraint imposed on her access into the Tower of Silence, she had moved the HC in quest of permission to accomplish her oldsters’ remaining rites after they died. But the HC dominated in favour of the accept as true with, forcing her to carry the topic to the SC.

The bench thought to be Jaising’s connection with the Special Marriage Act and stated, “[The] Special Marriage Act was enacted so that a man and woman professing different faiths can marry and retain their religious identity after marriage. There is no question of merger of woman’s religion with that of her husband’s. Only she on her own volition can give up her religion…”

The SC advised the Valsad accept as true with to shun pressure and perceive the significance of the filial feelings of a kid in opposition to her oldsters.

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