Same-sex marriage: India’s Supreme Court to hear plea on Jan 6

In a petition filed earlier, the same-sex couple has sought to enforce the fundamental rights of individuals to marry any person of their choice.


(File Photo)

January 4, 2023

NEW DELHI – The Supreme Court, on Tuesday, agreed to hear on January 6 two petitions urging it (the apex court) to transfer to itself two matters seeking recognition to same-sex marriage in India pending before the Delhi and Kerala High Courts.

Chief Justice D Y Chandrachud heading a bench also comprising Justice Pamidighantam Sri Narasimha agreed to hear the matter on January 6 after senior advocate Menaka Guruswamy and Advocate Karuna Nundy made a mention for the transfer of two matters to the apex court.

The Supreme Court had on December 14, 2022, issued a notice to the Centre on a plea by a same-sex couple seeking legal recognition to same-sex marriage. The couple has sought transfer of their matter pending before Delhi High Court to the top court. The other petitions relating to same sex marriage are also listed before the court on January 6.

The Delhi High Court is seized of various petitions relating to legal recognition of same sex marriage under the Special Marriage Act and the Foreign Marriage Act.

Earlier, the Supreme Court agreed to examine two separate petition seeking legal recognition of same-sex marriage under Special Marriage Act.

On November 25 the Supreme Court had issued notice to the Centre on the two separate petitions. The top court had noted that various pleas relating to the issue of same-sex marriage are being examined by different High Courts including Kerala and Delhi.

The top court had also noted the Centre had made a statement before the High Court that the steps are being taken to transfer all matters seeking legal recognition of same-sec marriage to the Supreme Court.

In a petition filed earlier, the same-sex couple has sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that, “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.”

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