Grover: They came to India, both of them are Hindus. They tried to register their marriage here, they could not. Then they went back to the US and went to embassy to fill all forms. That wasn't registered, they weren't treated very well.
Sr Adv Anand Grover: I will be arguing on "Intimate Association" from the US jurisprudence. I am representing two petitioners- one is under the Foreign Marriage Act where a couple of Indian origin, one of them is a citizen got married in USA.
Sr Adv Luthra concludes her submissions by quoting Edith Windsor - "Marriage is a magic word and it is magic throughout the world. It has to do with our dignity as human beings, to be who we are openly."
Sr Adv Luthra reads a South African judgment.
CJI DY Chandrachud: Now see the result. The relief which they grant gives us an idea of what was the issue.
Justice Bhat: The wall separating the two was brought down. Both kinds of couples could go for either kind of relationships.
Luthra: Yes.
CJI DY Chandrachud: So what was there in that judgement was there was a registered partnership for same sex couples and marriage for heterosexual couples. So they said that this restriction is discriminatory.
Luthra: The fact is, yes, we maybe jump starting. But we're too late in the day. We have to come to that stage. India can't be lagging behind so much.
Justice Bhat: Yes there is no classification as of now.
Luthra: What I'm asking is even that was against the equality principle. The fact that they had all the bundle of rights where i have no right. I want recognition of my marriage as an incident of 14,15,19,21.
Justice Bhat: They say that you cannot treat them as separate classes. We're at a more fundamental stage, not legislative. So you want us to get into the second phrase and say there is no classification.