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Bar and Bench

@barandbench

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

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@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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More from @barandbench

Bar and Bench

@barandbench

Mar 13

Delhi High Court modifies bail conditions imposed on accused Neelam Azad in parliament security breach case.

The matter was listed before Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar.

The matter pertains to an incident in which some persons entered the parliament building and threw smoke canisters when the Lok Sabha was in session. Azad was arrested by the Delhi Police on December 13, 2023 and granted bail in July 2025 subject to conditions.

Read 13 tweets

Bar and Bench

@barandbench

Mar 13

Supreme Court hears the case regarding mandatory requirement of three years' practice at the Bar as a uniform eligibility condition for entry-level judicial service posts

Sr Adv Sidharth Bhatnagar, Amicus: High Courts are of the view that three years should remain. But for disability ..some accessibility needs to be given. Allahabad HC says it is not capable at the moment it is too early for a view. Delhi HC says three year practice has been reintroduced as in terms of SC judgment. Committee says relaxation for disabled may lead to disparity

Amicus: Faizan Mustafa for CNLU says no experience needed at all and should be done away with.

Sr Adv Pinky Anand: This practice is not even consistent to their skills of being adjudicators. Thus this is a Roadblock. Average age of aspirant will be 29.

Read 12 tweets

Bar and Bench

@barandbench

Mar 13

“If you keep on investigating when will charges be heard? For two years you cannot sit when somebody is in jail”: Delhi High Court to Delhi government in bail plea of Aam Aadmi Party (AAP) leader Naresh Balyan in connection with his arrest under Maharashtra Control of Organised Crime Act (MCOCA).

The matter was listed before Justice Swarana Kanta Sharma. The Court today heard arguments on behalf of Balyan. Senior Advocate Rebecca John apeared for Balyan.

John - They took my voice samples. They have not taken voice samples of anybody else. We dont know if it is gangster, they are claiming that it is a gangster. Who is this other person?

Read 15 tweets

Bar and Bench

@barandbench

Mar 10

Supreme Court hears plea against the violation of woman rights under the succession laws under Muslim personal law

CJI Surya Kant: You are challenging 1937 act.. then what will apply? What about the vaccum?

Adv Prashant Bhushan: Shariah law says woman entitled to half of what men are entitled to. So in Shayara Bano held that even triple talaq was part of personal law but still struck down since violative of article 14

CJI: suppose there are two statutes. One protects article 14 and one does not. Ofcourse the other is struck down. Then our question what about the vaccum created

Bhushan: Indian succession act shall govern.

Justice Bagchi: If 1937 act is not there..will Muslim succession not be governed by personal law as under Article 372.

CJI: in our over anxiety of reforms we may end up depriving them (Muslim woman) on getting less than what they are already getting. If it goes away (the 1937 act) then what is the question.
#SupremeCourt

Read 8 tweets

Bar and Bench

@barandbench

Mar 10

Supreme Court to hear batch of cases concerning the SIR process in West Bengal

Fresh petition also listed challenging the deletion of voter names due to non acceptance of key documents

#SupremeCourt #WestBengalSIR

Sr Adv Menaka Guruswamy: About 7 lakh claims have been decided by the judicial officers. 63 lakh was under adjudication. 57 lakhs are remaining.

CJi: we knew you people will run away when judicial officers are appointed. HC Chief justice has told us 10 lakhs decided. Today morning we are informed. Your application is premature and it shows as if you don't have trust. How did you dare such applications are filed? No one should dare question the judicial officers

Guruswamy: We are not questioning

CJI: you may have not. But there are questions. As a Chief justice of India I will not tolerate this.

Guruswamy: No one can question the JO at all. We have appeared before the chief justice and it was an honour to appear before him.

Guruswamy: JOs now have 50 lakh cases to be broadly decided. There are roughly 48 lakh mapped voters.. we say they are mapped because they were in 2002 electoral rolls and they have voted..

CJI: that is why SIR is there. All genuine will be included. All unauthorised etc will not be there. That is being looked at by the judicial officers. Why should we look into this. Till a day before voting if the cloud upon a voter is removed then he can vote.

Read 12 tweets

Bar and Bench

@barandbench

Mar 9

Delhi High Court to hear today CBI's plea challenging discharge of Arvind Kejriwal, Manish Sisodia, K Kavitha and 20 others in the excise policy case.

Justice Swarana Kanta Sharma to hear the matter.
@ArvindKejriwal @msisodia @CBIHeadquarters @AamAadmiParty @RaoKavitha

The CBI has filed a 974-page revision plea stating that the trial court order is "patently illegal, perverse and suffers from errors apparent on the face".

It has also sought a stay on the court's direction to initiate proceedings against the officer who investigated the case.

Read details here:

barandbench.com/news/excise-po…

Read 39 tweets

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