On Tuesday, the Supreme Court stated that it would list the two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage in India on 6th January. The transfer petitions were mentioned by Senior Advocate Menaka Guruswamy and Advocate Karuna Nundy before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
Advocate Karuna Nundy requested for listing the transfer petitions of same sex marriage as the petitions relating to the same are listed on 6 Jan:-
“This is a matter that concerns same sex and queer marriage. There are similar matters pending in Delhi and Kerala High Courts. Hence this transfer petition.”
CJI Chandrachud agreed to list the transfer petitions along with the main matter on 6th January.
The Supreme Court had earlier issued notice in a batch of petitions seeking recognition of same-sex marriage in India. The batch included:-
A PIL filed by Supriyo Chakraborty and Abhay Dang who have been a couple for almost 10 years and they had a commitment ceremony in December 2021, where their relationship was blessed by their parents, family and friends. Now, they seek that their marriage be recognized under the Special Marriage Act.
A PIL filed by Parth Phiroze Mehrotra and Uday Raj Anand who have been in a relationship with each other for the last 17 years. They claim that 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 Citizen of the United States of America (USA), who married and registered their marriage in the USA in 2014 and now seek to register their marriage under the Foreign Marriage Act, 1969 had also filed a PIL.
The Supreme Court had issued notice in the transfer petitions mentioned on 14th December 2022.
Written by: Kashish Gupta , BBALLB- 3rd Sem, Shriram Swaroop Memorial University, Barabanki.
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