Spouse’s religious beliefs does not merge with husband’s after marital relationship: SC

Wife’s religious beliefs does not combine with husband’s after marriage: SC

|TNN|Highlights Can’t bar Parsi female from Tower Of Silence because she married outside community: SC

  • “Marital relationship does not indicate a lady home mortgages herself to her husband”
  • “No question of merger of lady’s faith with that of her other half’s. Only she on her own volition can give up her religion”
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    Valsad Zoroastrian Trust to reconsider its choice to disallow a Parsi lady from entering the Tower of Silence to carry out the last rites of her parents just due to the fact that she wed outside the community.

    A bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan stated it appeared to be manifestly arbitrary that a Parsi guy weding outside the neighborhood was not barred from the Tower of Silence but a woman was.

    Goolrokh M Gupta has been disallowed from going into the Tower of Silence by the Valsad trust. The bench said marital relationship might never ever be a ground to denude the civil rights of a woman.

    Valuing the arguments of senior supporter Indira Jaising on behalf of Goolrokh M Gupta, who married a Hindu and has actually been disallowed from getting in the Tower of Silence by the Valsad trust, the bench stated, “Marriage does not mean a female mortgages herself to her husband. Prima facie, we do not accept this merger concept (propounded by Bombay HC to maintain restraining Goolrokh from carrying out the last rites of her parents).” “There is no law which debars a lady from entering the Tower of Silence after weding outside the community,” it stated.

    By the way, Goolrokh’s advocate on record in the SC is her sibling Shiraz Specialist Patodia. Their parents are both aged 84 years. Offered Goolrokh’s marital relationship outside the neighborhood and the restraint enforced on her entry into the Tower of Silence, she had moved the HC seeking approval to perform her parents’ last rites when they died. But the HC ruled in favour of the trust, forcing her to bring the matter to the SC.

    The bench considered Jaising’s reference to the Unique Marital relationship Act and said,” [The] Unique Marriage Act was enacted so that a males and female professing different faiths can wed and retain their spiritual identity after marriage. There is no question of merger of lady’s religion with that of her partner’s. Just she on her own volition can provide up her religion …”

    The SC told the Valsad trust to avoid rigidity and comprehend the value of the filial feelings of a kid towards her moms and dads.

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