Delhi HC defers petitions seeking recognition of same-sex marriages to April 20

Team SoOLEGAL 1 Mar 2021 4:23pm

Delhi HC defers petitions seeking recognition of same-sex marriages to April 20

On 25th February, 2021, the Delhi High Court had adjourned a matter related to a batch of petitions asking for recognition of same-sex marriage under the Hindu Marriage Act, Special Marriage Act, and Foreign Marriage Act and decided to hear the matter on 20th April, 2021. Cheif Justice DN Patel and Justice Jasmeet Singh had adjourned the matter after Solicitor General Tushar Mehta requested the Court for more time to file his reply to the batch of petitions.

A Public Interest Litigation was filed by the petitioner Abhijit Iyer Mitra and he had stated that, although the Supreme Court had decriminalized same-sex marriage but still same-sex marriages are not recognised and are not being allowed under the provisions of Hindu Marriage Act.

According to the petitioner, there is no provision in Hindu Marriage Act, 1956, that has mention that, a marriage must take place between a Hindu man and a Hindu woman. Section 5 of the Hindu Marriage Act, 1956, clearly states that, a marriage can be performed between any two Hindus. The petitioner had also stated that, although there is no statutory bar under the provisions of Hindu Marriage Act, 1955 and the Special Marriage Act, 1956, for conducting same-sex marriages, but still the same are not get registered in India.

The petitioner had also stated that, the failure to recognize the rights of same-sex  couples, particularly when their sexuality has been accepted as legitimate by the Hon'ble Supreme Court of India, violates the various provisions of the Constitution of India, as well as the various conventions that India is signatory to.

Tagged: Delhi HC   same-sex marriages   Hindu Marriage Act   Special Marriage Act   Foreign Marriage Act   Cheif Justice DN Patel   Justice Jasmeet Singh   General Tushar Mehta  
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