The Supreme Court referred to a five-judge Constitution bench the question whether a Parsi woman automatically gets converted to Hinduism after marrying a Hindu man under the Special Marriage Act.
A bench headed by Chief Justice Dipak Misra said that it would have to consider whether the five-judge bench judgement in the triple talaq matter can also have some bearing in the present case.
The bench, also comprising Justices AM Khanwilkar and DY Chandrachud said the larger bench would examine the applicability of ‘doctrine of culture', which provides that a woman assumes her husband's religion after marriage.
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The bench was hearing a plea filed by Goolrokh Gupta challenging the Bombay High Court judgement that had held a Parsi woman deemed to be converted to Hinduism after marrying a Hindu man under the Special Marriage Act.
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