1. You Are At:
  2. Home
  3. India News
  4. Does woman lose her original religion post inter-religious marriage? SC refers matter to Constitution Bench

Does woman lose her original religion post inter-religious marriage? SC refers matter to Constitution Bench

Supreme Court on Monday referred to a Constitution Bench the question whether a woman loses her original religion and embraces her husband's religion after marrying under the Special Marriage Act.

Reported by: IANS, New Delhi [ Published on: October 09, 2017 13:53 IST ]
Image Source : PTI SC refers matter of Parsi woman's marriage to Constitution Bench

The Supreme Court on Monday referred to a Constitution Bench the question whether a woman loses her original religion and embraces her husband's religion after marrying under the Special Marriage Act.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud referred the matter to the Constitution Bench as senior counsel Indira Jaising told the court that a woman should be allowed to retain her religious identify even after marrying a person from different religion.

Appearing for a Parsi woman, Jaising assailed the Gujarat High Court judgment that said the petitioner Parsi woman's religious identify had merged into that of her Hindu husband whom she married under the Special Marriage Act.

The Parsi woman has challenged the Parsi law that says that a Parsi woman loses her religious rights in the Parsi community after marrying a man from another religion. 

The High Court has upheld the Parsi law.

Jaising said a woman has a personality of her own and it does not gets erased by marriage. 

The petitioner Parsi woman, Jaising said, continues to practice Parsi religious practices even after her marriage.

Write a comment

Live Scorecard