DNA does not evaporate after marriage: SC

Hearing a petition filed by a Parsi woman, the Supreme Court of India has asked the Parsi community in Gujarat's Valsad district to allow her to attend the funeral of her father when he passes away.

In the plea, the petitioner Goolrokh M Gupta, who had married outside her religion under the Special Marriage Act, had sought a declaration from the court that no one would stop her from attending the funeral of her father merely because she has married outside the religion.

Gupta argued that merely by marrying outside her religion, would not result in her excommunication from Parsi religious activities.

In 1991, Gupta got married to a non-Parsi and subsequently was denied entry into the Parsi temple of fire or allowed to participate in other rituals.

Gupta had challenged the year 2012 Gujarat High Court’s order which ruled that after marrying a person of another religion under the Special Marriage Act, her identity would merge with her husband.

Observing that she hasn't surrendered her affection to father, the 5 member Constitution Bench headed by Chief Justice of India Dipak Misra said, “DNA does not evaporate after marrying outside the religion. Marrying under the Special Marriage Act is only for the retention of original identity.”

During the hearing, the court had asked Senior Counsel Gopal Subramanium to speak to his client to allow the petitioner to attend the funeral of her father.

The matter is slated to be heard on December 14, 2017.