High Court Seeks Centre's Stand On Pleas By Same Sex Couples

The Delhi High Court on Wednesday asked the Centre to respond to two separate petitions by same-sex couples seeking to declare that the Special Marriage Act (SMA) and Foreign Marriage Act (FMA) ought to apply to all couples regardless of their gender identity and sexual orientation.

The court also issued notice to the Centre and the Consulate General of India in New York on the other plea by two men who got married in the US but were denied registration of their marriage under the FMA.

The bench said that according to the bench's understanding, marriage till now has not been statutory and as per his knowledge, under the Indian law, marriage remains customary.

It said that if any corrective measures are to be taken, it should be taken at this stage. Have you considered it from that point of view, the bench asked the petitioners.

The bench listed both matters for hearing on January 8, 2021.