Delhi HC dismissed a PIL seeking legal recognition of marital and familial relations of persons belonging to the LGBTQ community. The court recognised the prayer of the petitioner to be legislative in nature, hence it refused to exercise the jurisdiction over the same.
The petitioner had argued the personal laws regarding marriage, divorce, custody and maintenance to incorporate familial and marital relations of the LGBTQ community. He also argued for setting up of an LGBTQ Commission to look into the matters that concern the aforesaid community.
The Bench comprising of Chief Justice Patel and Justice Hari Shankar rejected the claim of the petitioner by citing that legislating on matters mentioned in the prayer falls within the ambit of Legislature and this court cannot issue any binding directions for the same. 'We encourage the government to take up legislative efforts to address the needs of the LGBTQ community but we cannot explicitly direct the government to do the same', the Bench noted.