The Delhi High Court on Tuesday issued discover to the Center in a petition declaring that the correct to authorized recognition of same-sex marriage is a basic proper beneath Articles 14, 15, 19 and 21, regardless of the gender of an individual. . or sexual orientation.
A division bench of Chief Justice DN Patel and Justice Jyoti Singh listed the petition for listening to on August 27 together with related petitions searching for recognition of same-sex marriage beneath the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act. Joydeep Sengupta and Russell Blaine Stephens, a married homosexual couple, have filed a brand new petition together with rights activist Mario Leslie DePenha.
Sengupta, who’s an expatriate citizen of India, and her husband Stephens stated within the petition that they met in New York in 2001 and obtained married in New York on August 6, 2012. US citizen Stephens, as per the petition, desires to use for OCI standing because the partner of an OCI cardholder beneath the Citizenship Act.
The petition argues that because the Consulate General of India in New York has already refused registration of same-sex marriage in a single case, Stephens fears that his utility for OCI standing in addition to marriage certification will likely be denied. Requests for – a requirement utility course of – is not going to be accepted.
Stating that consensual sexual acts between individuals of the identical intercourse have already been decriminalized by the Supreme Court, the petition states that “despite the fact that Indian regulation is silent on the popularity of same-sex marriage , it’s a longtime precept that the place a wedding is solemnized in a overseas jurisdiction, the regulation relevant to such marriage or matrimonial disputes is the regulation of that jurisdiction. Thus, petitioners Nos. 1 and a couple of of such marriages are topic to US regulation. To be legally registered beneath the Act, should fulfill the necessities of the phrase ‘registered’ beneath part 7A(1)(d) of the Citizenship Act.
The petition additionally sought a declaration that the boycott of same-sex marriages beneath the Foreign Marriage Act and the Special Marriage Act violated Articles 14, 15, 19 and 21 of the Constitution.
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With inputs from TheIndianEXPRESS
