Saturday, December 2, 2023

Delhi High Court transfers over half a dozen pleas to Supreme Court pertaining to recognition of same-sex marriage

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The Delhi High Court has transferred more than half a dozen petitions that seek recognition of same-sex marriage to the Supreme Court .

A Bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad have passed the order when they were informed that the Supreme Court had sought transfer of pleas on the issue filed before all High Courts to itself.

Earlier this month, an order to this effect was passed by the top court that as several batches of petitions are pending before Delhi, Kerala and Gujarat High Courts involving the same question, the Apex Court is of the view that they should be transferred and decided by this Court.

The top Court had directed all writ petitions to stand transferred to this Court.

The matter will be heard by the apex court on March 13, after written submissions and counters are filed by all parties.

The petition contained a PIL filed by Supriyo Chakraborty and Abhay Dang, who are a couple for almost 10 years. They recently had a ceremony in December 2021, where their relationship was blessed by their parents, family and friends. They have asked for their marriage to be recognized under the Special Marriage Act.

Another PIL by Parth Phiroze Mehrotra and Uday Raj Anand, who have been in a relationship with each other for the last 17 years, said they are presently raising two children together, but since they cannot legally solemnize their marriage, it has resulted in a situation where both petitioners cannot have a legal relationship of parent and child with both their children.

Another same-sex couple, an Indian national and a US citizen, who married and registered their marriage in the USA in 2014, are now seeking to register their marriage under the Foreign Marriage Act, 1969 had also filed a PIL.

Subsequently, more petitions were filed on the issue including transfer petitions to transfer cases from High Courts to the top court.

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