Luthra: There can be solemnisation under the act and registration under the act.
Sr Adv Geeta Luthra points out that Foreign Marriage Act applies even when one of the two persons in a couple is an Indian national.
Luthra: What they had sought to do is get their marriage registered under Foreign Marriage Act. Please see the 23rd Law commission report.
Luthra: Their rights are not recognised here. During COVID, visas were granted to spouses of Indian citizens. But not being recognised, petitioner 2 didn't get a visa. So while they're a married couple in US, they could not come to India during COVID.
Luthra: It is grossly unjust that they're free and equal in other countries but in country of birth of the first petitioner, they're invisible here.
Sr Adv Geeta Luthra: What is distinct about the petitioner 1 and 2 is that they're the only persons who are legally married in another country, that is, the USA. They have a four month daughter. They had a commitment since 2012, got married in 2017.
The counsels begin submissions for the day.
CJI DY Chandrachud: This can be shortened. Written submissions can just have the core of the submissions.
Sr Adv Menaka Guruswamy: I apologise. I didn't know the whole judgement had been included...there is no repetition in proceedings.
CJI DY Chandrachud: Who included the entire volume? Ms Guruswamy you included the whole thing?
Justice Bhat: Ms Guruswamy, let's not make assumptions on ignorance...Your substituted written submissions run for 150 pages. One has to go over the same thing again and again.