Supreme Court To Hear Petitions Seeking Recognition Of Same-Sex Marriage On 6th January

The Supreme Court on Tuesday stated that it would list the two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage in India on 6th January. The transfer petitions were mentioned by Senior Advocate Menaka Guruswamy and Advocate Karuna Nundy before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. 

Advocate Karuna Nundy submitted that the petitions relating to same sex marriage are listed on January 6 and requested for listing the transfer petitions also along with the same on that date–

"This is a matter that concerns same sex and queer marriage. There are similar matters pending in Delhi and Kerala High Courts. Hence this transfer petition."

To this, CJI Chandrachud stated that the bench would list the transfer petitions along with the main matter on 6th January. 

The Supreme Court had earlier issued notice in a batch of petitions seeking recognition of same-sex marriage in India. The batch included a PIL filed by Supriyo Chakraborty and Abhay Dang. They have been a couple for almost 10 years and they recently had a commitment ceremony in December 2021, where their relationship was blessed by their parents, family and friends. Now, they seek that their marriage be recognized under the Special Marriage Act. The batch of PILs also include one filed by Parth Phiroze Mehrotra and Uday Raj Anand who have been in a relationship with each other for the last 17 years. They claim that they are presently raising two children together, but since they cannot legally solemnize their marriage, it has resulted in a situation where both Petitioners cannot have a legal relationship of parent and child with both their children. Another same-sex couple – an Indian national and a Citizen of the United States of America (USA), who married and registered their marriage in the USA in 2014 and now seek to register their marriage under the Foreign Marriage Act, 1969 had also filed a PIL. 

The Supreme Court had issued notice in the transfer petitions mentioned on 14th December 2022.