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Bar and Bench

@barandbench

Sep 14, 2020 • 13 tweets • 4 min read • Read on X

@Iyervval

Delhi HC begins hearing a PIL to recognise same-sex marriage under Hindu Marriage Act.

#samesexmarriage #homosexuality #LGBT

@Iyervval

He are seeking to impose marriage equality under Hindu Marriage Act. The Act does not say that marriage has to take place between a man and a woman: Adv Raghav Awasthi for the Petitioners.

#samesexmarriage

Benefits available to heterosexual are thus not available to homosexual couples: Awasthi

Have any homosexual couples applied for marriage registration but were denied? : Court

Yes, but they were not willing to come before the Court. Thus, the PIL: Awasthi

My instructions are that such marriages are not being registered: Awasthi

What Petitioners are seeking cannot ve granted: SG Tushar Mehta

Our legal system, society and values do not recognise marriage between same sex couples : SG Tushar Mehta

SG Tushar Mehta reads the section of degree of prohibited relationships under Hindu Marriage Act, says it refers to "man" and "woman".

At the moment, we are asking that is a PIL maintainable.: Court

I checked up the law. Court can't legislate : SG Mehta

I won't even file an affidavit. I will rely on statutory provisions: SG Mehta

Court may bear in mind that Surpreme Court only decriminalized homosexuality. Nothing more or less: SG Mehta

The Supreme Court gave reasons: Justice Prateek Jalan

If there are any aggrieved persons, they can can come. No question of a PIL : Court

You give names of such persons: Court

One of the petitioners, Mr Gopi Shankar is trying to get his marriage registered. I will take instructions: Awasthi.

Court grants time to the Petitioners to submit list of persons who are aggrieved by non registration of same sex marriage under HMA.

Matter adjourned till Oct 21
.

@Iyervval

Our legal system, values do not recognise same-sex marriage: SG Tushar Mehta tells Delhi HC

barandbench.com/news/litigatio…

@Iyervval #tusharmehta #marriage

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Bar and Bench

@barandbench

Mar 23

Scenes from the Delhi High Court after the declaration of Delhi High Court Bar Association (DHCBA) election results. Senior Advocate N Hariharan has been elected as the President of DHCBA.

Senior Advocate N Hariharan secured 2,967 votes and won by a margin of 87 votes. Senior Advocate Kirti Uppal came second with 2,880 votes.

The other two candidates - Senior Advocate Abhijat garnered 1,429 votes and Senior Advocate Vivek Sood garnered 339 votes.

Senior Advocate N Hariharan after winning the elections.

Read 7 tweets

Bar and Bench

@barandbench

Mar 19

#Breaking Bombay High Court has overturned a Family Court decision that denied the request to waive the statutory cooling-off period for the divorce of cricketer Yuzvendra Chahal and Dhanashree Verma under the Hindu Marriage Act.
#BombayHC #YuzvendraChahal

A bench of Justice Madhav Jamdar has also directed the family court to decide the divorce petition by tomorrow considering Chahal's participation in the upcoming IPL

The couple that got married in December 2020 was living apart since June 2022.

Read 7 tweets

Bar and Bench

@barandbench

Mar 3

[Can visually impaired become judges ? ]

#SupremeCourt to shortly deliver judgment on this significant issue

The court to hand down verdict in the suo motu case concerning visually impaired in judicial services

The genesis of the case lies in the rules governing judicial appointments in Madhya Pradesh which contained discriminatory language that prevented blind individuals from becoming judges.

This exclusion was challenged after a mother, whose visually impaired child aspired to the judiciary, wrote to the court, leading to a court-initiated public interest litigation.

Justice R Mahadevan: we have treated it as the most important case. We have touched upon constitutional framework also and institutional disability jurisprudence...

Read 6 tweets

Bar and Bench

@barandbench

Mar 3

#SupremeCourt to shortly hear plea by Ranveer Allahabadia and Ashish Chanchlani in the case over remarks made in #indiasgotlatent show

Allahabadia and Chanchlani were protected from arrest in the last hearing
@BeerBicepsGuy

Dr Abhinav Chandrachud: We have moved an application. We are seeking lifting of one part of the order which refrained him from airing his shows etc. He has no sense of humour at all.. but he has 280 employees and it is his livelihood. It can be ordered that let no profane words be uttered.

SG: this is an isolated case. It is not vulgar but it is perverse. I saw the show also out of curiosity.. humour is one thing, vulgarity is one thing, and perversity is another level. Leave alone man and woman.. me and AG cannot see it together. The judges cannot see it together. Let him stay quiet for sometime .. Assam called him. He did not come.

Read 19 tweets

Bar and Bench

@barandbench

Feb 18

Supreme Court to hear plea by Ranveer Allahabadia challenging multiple FIRs filed against him after he made certain remarks on India's Got Latent show
@BeerBicepsGuy #SupremeCourt #Indiasgotlatent

Dr Abhinav Chandrachud: Petitioner has got death threats.. 5 lakh reward for cutting his tongue. Former wrestler says he should not be spared in any party we meet him. All for a 10 second clip.

Are you defending the language used: Justice Surya Kant

Dr Chandrachud: As an officer of the court I am disgusted at the language used.

SC: so what are the parameters of obscenity and vulgarity. In the society which has some self evolved values and when we behave within those parameters we want to know what are the parameters of Indian society According to the petitioner.

Read 17 tweets

Bar and Bench

@barandbench

Feb 11

Supreme Court hears the plea by Association of Democratic Reforms

CJI Sanjiv Khanna: what is this for ?

Adv Prashant Bhushan: we are Seeking that the procedure which ECI needs to adopt as per supreme Court judgment is in consonance with their standard operating protocol. What we want is that somebody should examine the software and the hardware of the EVMs in order to see if the software and hardware has any element of manipulation or not

CJI: Once votes are counted the paper trails are taken out or it's still there

Bhushan: they should maintain the paper trail

Sr Adv Devadatta Kamath: I appear for Sarva mitter. The entire data was wiped out. the evms on which polling was done should be tested.

CJI: to be done within seven days.. and the machine could be as per candidate choice and the burnt memory could be checked and verified.

Sr Adv Kamath: dummy units are checked not real ones. Here a fresh poll is being conducted and 40,000 being spent for verifying and checking each machine and the payment is to be by the candidate and then it's just a mock poll!

Read 10 tweets

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