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Supreme Court lists petitions seeking transfer of pending pleas for recognition of same-sex marriage on January 6

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The Supreme Court has directed the listing of two petitions which seek transfer of pending petitions in Delhi High Court and Kerala High Court to it seeking the recognition of same-sex marriages in India on January 6.

The transfer petitions were mentioned before the bench comprising Chief Justice of India Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate Menaka Guruswamy and Advocate Karuna Nundy.

Nundy asked for transfer petitions also to be listed on January 6 while submitting petitions relating to same sex marriage are listed on that day. The advocate said that it is a matter that concerns same sex and queer marriage.

CJI Chandrachud stated that the bench would list the transfer petitions along with the main matter on January 6.

The Apex Court had issued notice in a batch of petitions which seek recognition of same-sex marriages in India.

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.

The Apex Court had issued notice in the transfer petitions mentioned on December 14, 2022.

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