Plea filed by a gay couple for recognition of their marriage, referred by Delhi HC to a division bench.

Fact-

The petition has been filed by a gay couple who got married in Washington DC, United States in 2017. One of them is an Indian citizen and the other an Overseas Citizen of India. The plea sought legal recognition of their marriage under the Foreign Marriage Act, 1969.

Submission of the Petitioner-

  1. They have approached the Indian consulate in New York for the registration and were denied the same on the ground of their sexual orientation.
  2. The denial to register their marriage is violative of Articles 14, 15, 19 and 21 of the Indian Constitution.
  3. When a relaxation was brought to the same in May, 2020, it was restricted to certain class of OCI cardholders such as those persons whose spouse was an Indian national, or those whose parents were Indian nationals. Non recognition of the petitioners’ marriage by law in India continues to disentitle them to travel as a married couple to India and spend time with their families.
  4. Following the court registration in 2017 (in Washington DC), the petitioners, with the full support and blessings of their parents and family members were married in Killeen, Texas in March 2019 in a traditional Jain wedding with all the ceremonies commonly performed at such events.

Held-

A single-judge bench of Justice Navin Chawla, while hearing the plea through video conferencing, directed the matter to be listed before a division bench.

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