Observing that she hasn’t “surrendered her affection to father”, the five judge constitution bench headed by Chief Justice Dipak Misra asked senior counsel Gopal Subramanium to speak to his client on permitting the petitioner to attend the funeral of her father in Anjuman.
The woman had married a non-Parsi and subsequently was denied entry into Parsi temple (File)
New Delhi: The Supreme Court on Thursday asked the Parsi Anjuman in Gujarat’s Valsad to consider the plea of woman from the community – who has married outside the religion – seeking to attend the funeral of her father as and when he passes away.
Observing that she hasn’t “surrendered her affection to father”, the five judge constitution bench headed by Chief Justice Dipak Misra asked senior counsel Gopal Subramanium to speak to his client on permitting the petitioner to attend the funeral of her father in Anjuman.
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.
She had married a non-Parsi in 1991 and subsequently was denied entry into the Parsi temple of fire or allowed to participate in other rituals.
Ms Gupta has challenged 2012 Gujarat High Court judgment which says that after marrying a person of another religion under the Special marriage Act, her identity would merge in the identity of her husband.