Delhi High Court transferred a bunch of pleas seeking recognition of same-sex marriages to Supreme Court

Delhi High Court transferred a bunch of pleas seeking recognition of same-sex marriages to Supreme Court

On January 30, a bunch of applications asking the Supreme Court to recognise same-sex marriages in the nation were moved there by the division bench of the Delhi High Court, which is chaired by Chief Justice Satish Chandra Sharma and Justice Subramonium. 

After being informed of the Apex Court's decision, the court made the following orders:

"This court is of the opinion that in light of the order of the Supreme Court, all the matters are transferred to the Supreme Court. Office is directed to transfer the record immediately."
Advocate Arundhati Katju appeared for the petitioners in the matter.

March 13 has been set aside for the Supreme Court to consider the group of pleas. 

Abhijit Iyer Mitra submitted one of the appeals that were transferred from the High Court, requesting the registration of marriages between LGBTQIA couples under the Hindu Marriage Act. The Hindu Marriage Act is said to contain language that is gender-neutral and does not specifically forbid same-sex marriages. 

In a different petition, Dr. Kavita Arora requests that the South East Delhi Marriage Officer issue a directive ordering her to get married to her partner in accordance with the Special Marriage Act.

Another request made by OCI cardholder Joydeep Sengupta and his partner Russell Blaine Stephens asks the court to declare that "a spouse of foreign origin of an Indian Citizen or OCI cardholder is entitled to apply for registration as an OCI under the Citizenship Act regardless of the gender, sex or sexual orientation of the applicant spouse."

On the other hand, Supriyo Chakraborty and Abhay Dang's PIL has the Supreme Court's attention. They had been together for about ten years, and in December 2021, they had a commitment ceremony where their parents, relatives, and friends blessed their union. They are asking for the Special Marriage Act to recognise their union. 

Parth Phiroze Mehrotra and Uday Raj Anand, who have been dating for the past 17 years, also filed a PIL in the group of PILs. They assert that they are currently raising two children together, but because they cannot formally enter into a marriage, neither of them is able to have a connection that recognizes the legal relationship of parent and child with both their children. 

Another same-sex couple, an Indian national and a US citizen, who wed and registered their union in the USA in 2014 and are now attempting to register their union under the Foreign Marriage Act of 1969, had also filed a public interest litigation.

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