A notice in a plea has been issued by the Delhi High Court seeking registration of same-sex marriages under the Hindu Marriage Act. The notice has been issued to the Union of India which was also directed to file a counter-affidavit in four weeks by the division bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon. This order has come in a plea which is moved by Abhijit Iyer Mitra who sought registration of marriages of LGBTQIA couples under the Hindu Marriage Act, 1955.
During today’s hearing, the petitioner argued that the language used in the Hindu Marriage Act is gender-neutral, and it doesn’t explicitly prohibit the marriages of same-sex couples. The petitioner further argued that, in absence of any explicit prohibition, the marriages of homosexuals should be permitted to be registered under the
Hindu Marriage Act, 1955 and
Foreign Marriage Act, 1969 as well. While issuing this notice, the Court also noted that a similar case is already pending which seeks marriage equality for same-sex couples under the Special Marriage Act. Hence, the Court decided to hear both the cases on 14 January 2021.
Plea In Delhi High Court Seeking Marriage Equality Same-Sex Marriages States “Petitioners Are Like Any Other Couple, Except They Are Both Women”
Judiciary
Oct 10, 2020
RHEA BANERJEE
(
Editor: Ekta Joshi
)
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A plea has been filed in the Delhi High Court by the petitioner seeking marriage rights for same-sex couples in India. The petition was filed by Dr. Kavita Arora, who has been living with her partner Ankita Khanna for about 8 years, thus the petition seeks for direction to be issued to the Marriage Officer, South East Delhi to formalize their marriage under the Special Marriage Act. The petitioner in her case states that the fundamental rights give her the right to choose one’s own...
“Our Culture And Law Do Not Recognize The Concept Of Same-Sex Marriages”- SG Mehta To Delhi HC
Executive
Sep 15, 2020
Rhea Banerjee
(
Editor: Ekta Joshi
)
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The Centre opposed the plea filed before the Delhi High Court seeking recognition of the rights of same-sex couples to get married under the Hindu Marriage Act, 1956. The Solicitor General, Tushar Mehta representing the Union of India submitted his arguments stating that same-sex marriages are neither known nor recognized under the Indian culture or the Indian law. The Solicitor General clarified, “Our culture and law don’t recognize the concept of same-sex marriages”“As per law, a...
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