Jayant Patel, J.—The Division Bench of this Court (Coram: S.J. Mukopadhaya, CJ. and AS. Dave, J.) framed the following issues—

1.1. Whether the petitioner - a born Parsi woman, by virtue of contracting a civil marriage with a non-Parsi man under the Special Marriage Act, cease to be a Parsi?

2. If the first issue is answered in negative, then the question will be as to whether the respondents are justified in refusing the petitioner her rights of being a natural Parsi?

3. Whether the High Court under Article 226 of the Constitution of India can issue a writ of mandamus to the respondents to grant reliefs as sought for in the present case?

3.1. It was also observed by the Division Bench of this Court that it will be open to the parties to raise any other issues. Under the circumstances, the matter before the present Bench of this Court.

FACTUAL BACKGROUND :

4. Before we consider the controversy or express view on the aforesaid issues, factual background would be relevant and deserves to be considered. The petitioner is a born Parsi Zoroastrian woman/lady whose parents are Mr. Adi J. Contractor and Mrs. Dinaz A. Contractor. Both are Parsi Zoroastrians following Zoroastrian religion