The Delhi High Court heard two petitions related with the issue of the interpretation of the Special Marriage Act and the Foreign Marriage Act to also apply to the same-sex marriages. Senior Advocate Menaka Guruswamy represented the petitioners who had approached the Court for the recognition of same-sex marriages.
The Bench consisting of Justices RS Endlaw and Asha Menon heard the matter and issued notice for further hearing in the matter on January 8, 2021.
Advocate Raj Kumar Yadav, who appeared from the side of Union of India, commented that the present situation is peculiar in nature and was not faced in Sanatana Dharma. On this Justice Menon remarked that laws are gender-neutral. She added that it was not adversarial litigation and so the counsel for UOI shall not treat it as one.
Senior Advocate Guruswamy told that one of the couples was refused to enter the building of Sub-Divisional Magistrate when they approached to apply for marriage and being same-sex couple, they cannot marry.
The second couple was two men, who were already married by the highest ranking Indian Judge in New York but were denied to register their marriage under the Foreign Marriages Act in New York by the Indian Consulate. By doing so, their inherent rights to dignity and expectation of constitutional morality had been infringed. He added that this is what it means to be right-less.