CJI DY Chandrachud: We'll hear you on that on subsequent stage when you're responding to that. Once we have a picture on what is the canvas they're arguing on, we may tell them what is the canvas we want them to argue on.
CJI DY Chandrachud: Second, what is really in the nature of preliminary objection you seek to raise is your response to merits. We'll hear you on that.
CJI DY Chandrachud: The nature of your preliminary objection depends upon the canvas they open up. Let us see what canvas they're opening.
SG Mehta: The debate which is to happen to conferring or creation of socio-legal institution - should that be the forum of this court or parliament?
SG Mehta: The notice was issued in January and we couldn't raise an issue about maintainablity. We also have to see what will be the repercussions if the court takes call on this.
SG Mehta: When the subject is in the concurrent list, we cannot rule out the possibility of one state agreeing to it and another state being against it. In case of states not being joined, the petitions wouldn't be maintainable.
SG Mehta: The subject your lordships are dealing with is the creation of a socio-legal relationship of marriage which is the domain of the competent legislature.
The bench hearing the petitions comprises Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha.