Nisha Ghosal
The Delhi High Court issued a notice in a plea seeking registration of marriage of LGBTQIA couples under the Hindu Marriage Act.
The plea was issued by Abhijit Iyer Mitra along with other activists including Gopi Shankar M, Giti Thadani, and G. Oorvasi.
The petitioners stated that the apex court has abolished Article 377 and decriminalised consensual homosexual intercourse. But, same-sex marriage was yet to be legalised.
A Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon issued notice to the government, asking to file a counter-affidavit within four weeks.
The petitioner argued that, as per the Hindu Marriage Act, which has a gender-neutral language, there is no explicit prohibition of same-sex marriage mentioned.
Thus, the petitioner sought registration of marriages for the same-sex couple under the aforementioned Act along with the Foreign Marriage Act to be authorized.
Additional Solicitor General Chetan Sharma represented the Centre.
The Court also observed that a case similar to this one, under the Special Marriage Act, is already pending.
So, the Court will hear both the matters together on 14th January.
