Case of Parsi woman being ousted from community to be heard before Constitutional bench of SC

The Hon'ble Chief Justice of India has added a sixth item to the causelist before the Constitutional Bench of the Supreme Court of India, which was slated to hear five matters October 10, 2017 on wards. The matter added is a Special Leave Petition arising out of a judgment of the High Court of Gujarat, which has vide its majority judgment held that a woman though married under the Special Marriage Act, 1954, assumes the religious identity of her husband, in law.  

In the facts of this case, one Goolrukh M. Gupta, a Parsi Zoroastrian woman by birth, married a Hindu man under the Special Marriage Act, 1954. She has continued to practice the Parsi Zoroastrian religion (by partaking in ceremonies and visiting the Agiyari) even following her marriage but is now being denied the right to enter the Fire Temple in the event of her aged parents' demise.
 
 Petitioner Goolrukh Gupta is being represented by Senior Advocate Indira Jaising, Advocate Shiraz Patodia, Advocate Rohit Ghosh, Adovocate Radhika Saxena and Advocate Divya Sharma.
 
The main questions of law to be considered by the Supreme Court would thus be:
  1. Whether a woman's identity merges with that of her husband's upon marriage?
  2. Whether the Doctrine or Coverture/Merger applies in India?
  3. Interpretation of the Special Marriage Act - Whether parties married under the Act retain their separate religions? 

Read the full text of the petition here