Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act

The Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon has issued notice to the Union of India, which is also directed to file a counter-affidavit in four weeks.

The order has come in a plea moved by Abhijit Iyer Mitra seeking registration of marriages of LGBTQIA couples under the Hindu Marriage Act.

Today, the Petitioner argued that the language used in the Hindu Marriage Act is gender-neutral, and it doesn't explicitly prohibit the marriages of same sex couples.

Therefore, the Petitioner argued, in absence of any explicit prohibition, the marriages of homosexual couples should be allowed to be registered under the Hindu Marriage Act, as well as the Foreign Marriage Act.

While issuing notice, the court noted that a similar matter is already pending which seeks marriage equality for same-sex couples under the Special Marriage Act.

Therefore, the court has decided to hear both the matters together on January 14.