Petition in SC seeking equality of marriage under Special Marriage Act

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Supreme Court of India | Photo: ANI

New Delhi: A lawyer on Friday mentioned a plea seeking equality of marriage under the Special Marriage Act before the Supreme Court.

Advocate Shadan Farasat mentioned his plea before a bench led by Chief Justice DY Chandrachud.

Chief Justice Chandrachud said that the court would take up the matter along with the other petitions after the court reopens after winter vacation.

Earlier, two same-sex couples moved the top court seeking legal recognition of the marriage under the Special Marriage Act. Another plea was also sought a transfer of petition on the aspect from the Delhi High Court to the apex court and has been pending for consideration.

The Supreme Court had agreed to examine two separate petitions seeking legal recognition of same-sex marriage under the Special Marriage Act.

On November 25, the Supreme Court issued notice to the Centre on these two separate petitions and also noted that various pleas relating to same-sex marriage issues are being heard in various high courts including Kerala and Delhi.

The top court had also noted the Centre made a statement before the high court that the ministry was taking steps to transfer all pleas to the Supreme Court. Two same-sex couples approached the Supreme Court to recognise same-sex marriage.

One of the petitions earlier raised the issue of the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice. According to the previous petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said, "the exercise of which ought to be insulated from the disdain of legislative and popular majorities".

The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.

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


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