Centre tells Delhi High Court that same sex marriage is not recognised in law till date and that several questions of law arises in the issue which could only be settled by legislature and not the judiciary.
Solicitor general Tushar Mehta told Chief Justice D N Patel led bench that moral values of Indian society and culture are codified in various laws. Who will decide who is the husband and wife in a same sex marriage for the purpose of prohibitory degrees of matrimony, he asked.
Mehta said there is different age stipulation for man and woman in a marriage, how will that be determined in same sex marriage?
Solicitor general asked under domestic violence Act, who will be the husband and who the wife in a same sex marriage?
Mehta said under 498A IPC punishing the husband and in-laws for cruelty to wife would also pose serious implementation issues in same sex marriage. He said if a woman dies within 7 yrs of marriage, cruelty is presumed and case is probed. How will it work in same sexy marriage?
HC asked Mehta whether Centre would file a response affidavit to the PIL seeking legalising same sex marriage. The SG said these are pure questions of law which did not warrant an affidavit. He said he will take instruction and file a note raising the questions.
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