The Delhi High Court is also hearing various petitions related to the legal recognition of same-sex marriages under the Foreign Marriages Act and the Special Marriages Act.
Posted on – Fri 16 Dec 22 at 02:45pm
New Delhi: A lawyer on Friday referred a plea to the Supreme Court seeking marriage equality under the Special Marriage Act.
Advocate Shadan Farasat referred to his plea before the bench headed by Chief Justice DY Chandrachud.
Chief Justice Chandrachud said the court, along with other petitions, will be dealt with when it reopens after the winter break.
Earlier, two same-sex couples had filed suit in the Supreme Court seeking legal recognition of the marriage under the Special Marriage Act. Another request also for the transfer of the petition in this regard from the Delhi High Court to the Supreme Court has been pending for consideration.
The Supreme Court has agreed to examine two separate petitions seeking legal recognition of same-sex marriages under the Special Marriages Act.
On November 25, the Supreme Court issued a notice to the Center regarding the two separate petitions, noting that various high courts, including Kerala and Delhi, were hearing various petitions related to the issue of same-sex marriage.
The Supreme Court also noted the Center’s statement before the High Court that the ministry was taking steps to forward all requests to the Supreme Court. Two same-sex couples have applied to the Supreme Court to recognize same-sex marriages.
One of the petitions had earlier raised the issue of the lack of a legal framework that would allow members of the LGBTQ+ community to marry whomever they chose. According to a previous petition, the couple seeks to exercise the fundamental right of LGBTQ+ individuals to marry whomever they choose, saying “the exercise of these rights should be free from the contempt of legislation and the majority of the people.”
Furthermore, the petitioners assert their fundamental right to marry each other and pray that this court will give appropriate directions to allow and enable them to do so.
The Delhi High Court is also hearing various petitions related to the legal recognition of same-sex marriages under the Foreign Marriages Act and the Special Marriages Act.
