Same Sex Marriage Recognition : Supreme Court Issues Notice On Petitions Seeking Transfer Of Cases From Delhi HC

The Supreme Court on Wednesday issued notice on two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court in pleas seeking recognition of same-sex marriage in India. The petition was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.

At the outset, Senior Advocate Menaka Guruswamy and Advocate Arundhati Katju, appearing for the petitioners stated that the matter was concerning marriage equality. The petitions in question were under consideration in the Delhi High Court and were requested to be transferred from the Delhi High Court to the Supreme Court. CJI DY Chandrachud said–

"We will issue notice."

The first petition (Kavita Arora v. Union of India) seeks to declare that the Special Marriage Act, 1954 is unconstitutional insofar as it does not provide for solemnization of marriage between a same sex couple. It also seeks for directions that the Special Marriage Act shall apply to all couples regardless of their gender identity and sexual orientation. The second petition (Nibedita Dutta v. Union of India) has prayed for a writ of mandamus interpreting the Hindu Marriage Act, 1955 inclusively and broadly so as to apply to any two Hindus who wish to marry thereunder, irrespective of their gender, so as to save it from the vice of unconstitutionality.

Substantially similar questions of law had earlier arisen before the Supreme Court in Supriyo @ Supriya Chakraborty & Anr. v. Union of India wherein the court had issued notice to the Respondent-Union on November 24.

Lawyers involved: Advocate Govind Manoharan for Kavita Arora; Advocate Bhabna Das for Nibedita Dutta, and AOR Shally Bhasin.

CASE TITLE: KAVITA ARORA AND ANR. v. UNION OF INDIA T.P.(C) No.-002842/2022; NIBEDITA DUTTA VS UNION OF INDIA no. T.P.(C) No.-002844/2022. -

Click Here To Read/Download Order