On Wednesday, the Supreme Court’s divison bench of CJI DY Chandrachud and Justice PS Narsimha issued a notice to the same- sex couple seeking recognition for their marriage.
The petitioners are a Indian National and a US citizen who have registered their marriage under the USA’s laws and are now seeking recognition of their marriage in India under the Foreign Marriage Act, 1969. The plea stated that the LGBTQIA+ community has the same right to marry the heterosexual brethren and denial of these rights are a violation of fundamental rights under Articles 14, 19 and 21 of the Indian Constitution.
The petitioner relied upon the case of Navjot Singh v. Union of India to support their claims. The petitioners have stated that they tried to register their marriage in Pune under Hindu Marriage Act in 2021 but the Registrar refused to register their marriage.
In 2022, the couple wrote to the Indian Embassy in Washington seeking to register their marriage under Foreign Marriage Act but the Embassy after a month stopped responding to petitioners after they informed them that they are a same- sex couple.
The plea further reads that deprivation of marital status is a matter of serious import and should be dealt with as per law and the right to marry a person is an integral part of Article 21 of the Indian Constitution.
After hearing the arguments, the Supreme Court issued a notice to the petitioners.
Case Title: Sameer Samudra & Anr versus Union Of India And Others
Case No.: WP C 1105 of 2022
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