NEW DELHI: The Delhi High Court on Monday transferred a group of pending pleas by same-sex couples seeking solemnization of their marriages under the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act to the Supreme Court.
On January 6, the top court clubbed similar petitions pending before various high courts in Delhi, Kerala, and Gujarat High Courts. The apex court was of the view that the pleas should be transferred and decided by it.
In its order, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said: “This court is of the opinion that in light of the order of the Supreme Court, all the matters are transferred to the Supreme Court. The office is directed to transfer the record immediately.”
Accordingly, the pleas were listed for hearing before the apex court on March 13.
Among the petitions, a plea by an LGBTQ+ couple seeking registration of their marriage under the Hindu Marriage Act claimed that the Special Marriage Act uses wording that is gender-neutral and does not prohibit same-sex marriages.
Another plea filed by Overseas Citizen of India (OCI) cardholder Joydeep Sengupta and his partner Russell Blaine Stephens prayed for a declaration from the court that a spouse of foreign origin of an Indian citizen or OCI cardholder is entitled to apply for registration as an OCI under the Citizenship Act regardless of the gender, sex, or sexual orientation of the applicant spouse.
On November 25 last year, the Supreme Court had sought Centre’s response in pleas seeking solemnisation of same sex marriage under the Special Marriage Act, 1954.