The Supreme Court on Monday referred to a 5-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 will 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 A M Khanwilkar and D Y Chandrachud said the larger bench would examine the applicability of 'doctrine of culture' which provides that a woman assumes the religion of her husband after marriage.
The bench was hearing a plea filed by Goolrokh Gupta challenging the Bombay High Court judgement that had held that a Parsi woman is deemed to be converted to Hinduism after marrying a Hindu man under the Special Marriage Act.