New Delhi: Petitions seeking recognition of same-sex marriage under the law were heard in the Delhi High Court on Monday. The Central government told the court that no matter what the law says, only men and women are allowed to marry in India.
A bench comprising Chief Justice DN Patel and Justice Jyoti Singh was hearing petitions filed by Abhijit Iyer Mitra, Vaibhav Jain, Dr Kavita Arora, OCI card holder Joydeep Sengupta and his colleague Russell Blen Stephens. The court has posted november 30 as the date for final hearing of the petitions, giving more time to all parties to complete their arguments. During the hearing, Advocate Karuna Nandi, appearing for Joydeep Sengupta and Stephens, said that the couple got married in New York and the Citizenship Act, 1955, the Foreign Marriage Act, 1969 and the Special Marriage Act, 1954 are applicable in their case.
He highlighted Section 7A(1) (D) of the Citizenship Act, 1955 and said that this section does not distinguish between heterosexual, equal-sex or gay spouse. The lawyer said it is a very direct issue. The citizenship law is silent on the gender of a married couple. The State has to register only. So, if the Centre does not want to file a reply, we have no objection.