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Plea In Court Seeks To Allow Special Marriage Act To Apply To All Couples

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Plea In Court Seeks To Allow Special Marriage Act To Apply To All Couples

Petition filed by same-sex couple seeks recognition of marriage underneath Special Marriage Act

New Delhi:

A same-sex couple on Thursday urged the Delhi High Court to subject instructions to permit the Special Marriage Act to use to all {couples} no matter their gender identification.

A single-judge bench of Justice Navin Chawla, nonetheless, referred the matter to a division bench, which is coping with comparable form of matter and listed it for listening to subsequent week.

The couple has urged the High Court to declare that the Special Marriage Act, 1954, as unconstitutional insofar because it doesn’t present for solemnisation of marriage between a same-sex couple and to subject path for declaring that the Special Marriage Act, 1954 ought to use to all {couples} no matter their gender identification and sexual orientation.

The petition filed by the same-sex couple has additionally sought instructions to involved authorities to register their marriage underneath the Special Marriage Act, 1954.

The petitioner advised the courtroom that they’ve been in a relationship for the final eight years, dwell collectively, share funds and take care of the daddy of one among them, who’s over 88 years outdated.

One of the petitioners is a psychiatrist whereas the opposite one is a therapist. The two couple are a part of a staff that constructed North India’s main clinic specialising in psychological well being and studying disabilities for kids and younger adults.

“They share the highs, the lows, the joys and sorrows of life; they go through the wear and tear of living together; they have the deep, unbreakable bond of two people who have come together in love,” the plea mentioned.

Advocates for the petitioner, Arundhati Katju, Govind Manoharan, Surabhi Dhar and senior advocate Menaka Guruswamy, submitted that the wedding isn’t just a relationship between two people nevertheless it brings two households collectively.

“But it is also a bundle of rights. Without marriage, the Petitioners are strangers in law. Articles 21 of the Constitution of India protects the right to marry a person of one”s choice: this right applies with full force to same-sex couples, just as it does to opposite-sex couples,” the plea mentioned. 



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