Saturday, May 21, 2022

Same-sex couple, married in US, wants bond solemnised; Delhi High Court refers case to division bench

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New Delhi (ILNS): The Delhi High Court has referred a plea filed by a gay couple for recognition of their marriage under Foreign Marriage Act, 1969 to a division bench.

A single-judge bench of Justice Navin Chawla, while hearing the plea through video conferencing, directed the matter to be listed before a division bench.

The petition has been filed by a gay couple who got married in Washington DC, United States in 2017. One of them is an Indian citizen and the other an Overseas Citizen of India. The plea sought legal recognition of their marriage under the Foreign Marriage Act, 1969.

The petitioner submitted that they approached the Indian consulate in New York for the registration and were denied the same on the ground of their sexual orientation.

The petitioners further submitted that the denial to register their marriage is violative of Articles 14, 15, 19 and 21 of the Indian Constitution. The plea stated:

“When a relaxation was brought to the same in May, 2020, it was restricted to certain class of OCI cardholders such as those persons whose spouse was an Indian national, or those whose parents were Indian nationals. Non recognition of the petitioners’ marriage by law in India continues to disentitle them to travel as a married couple to India and spend time with their families.”

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The petition further submitted that following the court registration in 2017 (in Washington DC), the petitioners, with the full support and blessings of their parents and family members were married in Killeen, Texas in March 2019 in a traditional Jain wedding with all the ceremonies commonly performed at such events.


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