PIL before Delhi HC says why no same-sex marriage under Hindu Marriage Act, which has no specific bar

A petition has landed before the Delhi High Court, asking for directions to the Centre to recognize same sex marriages under the Hindu Marriage Act, 1955, because the act does not specify sex of ‘bride’ or ‘groom’, but just wants them to be Hindus. When the petitioners told the court they know people who have been refused such marriages, the court asked them to bring the names of such people who have been so denied.

A divisional bench comprising Chief Justice D.N. Patel and Justice Prateek Jalan, while hearing the PIL through video conferencing, noted that the persons aggrieved should come to the court. “When they can come to the court, then why this PIL?”

The PIL has been filed by Abhijit Iyer Mitra, Gopi Shankar, Giti Thandani, and G Oorvasi, seeking directions to the central government to recognize the rights of the same-sex couples and register marriages between them under the Hindu Marriage Act, 1955.

The court has directed the petitioner to file an affidavit along with the names of the people aggrieved and also name those, who have denied the registration.
The matter is listed for October 21.

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