New Delhi Oct 9 (IANS) 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.
--IANS
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