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Supreme Court’s news is firing many religious values that were compressed without any boundaries and logic. The Supreme Court today said that our law does not sanction the concept of a woman’s religion getting merged with her husband’s faith after an inter-religion marriage.

It is a conjecture that a woman changes her religion according to the faith of her husband does not exist if the marriage has been solemnized under the Special Marriage Act.

On October 9, the apex court had referred to a five-judge constitution bench, the legal question whether a Parsi woman loses her religious identity after marrying a man of different religion. The bench was hearing a plea filed by Gupta challenging the High Court judgment holding that a Parsi woman is deemed to have converted to Hinduism after she marries a Hindu man. The woman, in her appeal filed in 2012, said she had married a Hindu under the Special Marriage Act and should be allowed to retain her place in Parsi community.

With the bench’s decision to this act of appeal, said that “There is no law which says that a woman loses religious identity after marrying a man from another faith… Moreover, the Special Marriage Act is there and allows that two persons can marry and maintain their respective religious identities.”

The bench considered Jaising’s reference to the Special Marriage Act and said, “[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…”

It seems like Supreme Court agrees with the statement that, ‘No law provides a change of woman’s religion after marriage.’

 


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Joydev Mishra

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