High Court transfers petitions seeking recognition of same-sex marriages to Supreme Court


New Delhi. The Delhi High Court on Monday transferred to the Supreme Court eight petitions by same-sex couples seeking recognition of their marriages under the Special Marriage Act, the Hindu Marriage Act and foreign marriages. On January 6, the top court had transferred to the club and itself all the petitions regarding legal recognition of same-sex marriages pending before various high courts. It had said, since several batches of petitions are pending before the High Courts of Delhi, Kerala and Gujarat involving the same question, we are of the view that the same should be transferred and decided by this Court. We direct that all the writ petitions stand transferred to this Court.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad said in its order on Monday, “This court is of the opinion that in the light of the order of the Supreme Court, all cases are transferred to the Supreme Court. The office records are directed to be transferred immediately.

The petitions are now listed before the apex court for hearing on March 13.

Advocate Arundhati Katju appeared for the petitioners in the matter.

Abhijit Iyer Mitra submitted one of the petitions transferred from the High Court requesting registration of marriages between LGBTQIA couples under the Hindu Marriage Act. They have claimed that the Act uses wording that is gender-neutral and does not prohibit same-sex marriages.

In a separate petition filed by Overseas Citizen of India (OCI) cardholder Joydeep Sengupta and his partner Russell Blaine Stephens, the court has been prayed for the application for registration as OCI by the Indian citizen or spouse of foreign origin of the OCI cardholder. entitled to do.

On November 25 last year, the Supreme Court had issued notices to the Center and the Attorney General on two petitions by same-sex couples seeking recognition of same-sex marriages under the Special Marriage Act.

Another petition filed by gay couple Partha Firoz Mehrotra and Uday Raj said non-recognition of same-sex marriage was violative of the right to life under Article 14 and Article 21 of the Constitution.

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