Delhi HC Issues Notice On A Petition Seeking Recognition Of Same-Sex Marriages Under Special Marriage Act

The Petitioners has filed a Writ Petition praying for inter alia declaration that Section 4 (c) and any other provisions of the Special Marriage Act, 1954, or the rules or regulations framed thereunder, are construed as requiring one "male" and one "female" for the solemnization of a marriage, those provisions be declared unconstitutional unless read as neutral to gender identity and sexual orientation. Since the issue involved in the Writ Petition is already pending before the Hon'ble High Court, the matter has been tagged with other Writ Petitions where similar relief has been claimed which was also listed today.

Appearing on behalf of the Union of India, Mr. Tushar Mehta, Ld. Solicitor General submitted that they have finalised their Counter Affidavit in one of the Petitions and will file it during the course of the day. Since the relief claimed in all the Petitions was common, the Counter Affidavit would be common for all the Petitions and liberty has been given to file additional Affidavit in case any fresh issue has come up in the fresh Petition filed. The Hon'ble Court has further directed the Petitioners to file Rejoinder to the Petition within 2 (two) weeks. The matter has now been listed on 20.04.2021.

Petitioners were represented by Mr. Saurabh Kirpal, Advocate, instructed by team of Karanjawala & Co. comprising of Ms. Meghna Mishra (Partner), Ms. Tahira Karanjawala (Principal Associate), Ms. Niharika Karanjawala (Senior Associate), Yashvardhan Bandi (Senior Associate) and Mr. Raghuveer Kapur (Associate); along with Mr. Yogendera Misra, Advocate