Thread by @barandbench

#DelhiHighCourt takes up petitions seeking recognition of same-sex marriages, queer marriages under various Acts including Special Marriage Act, Foreign Marriage Act. Matter before CJ DN Patel and Justice Jyoti Singh.

Advocate Karuna Nundy appears for a petitioner, says that pleadings appear not to be complete.

Solicitor General Tushar Mehta, says they have filed.

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SG Mehta says that the question is whether marriage has to be between a "biological man and a biological woman"

Mehta: There seems to be some misconception based on Navtej Singh Johar case. It merely decriminalizes, (does not recognize same-sex marriage)

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While Navtaj Johar case does not expressly allow same-sex, the inevitable conclusion favours recognising same-sex marriage, that is how constitutional matters are interpreted, Sr Adv Saurabh Kirpal argues.

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SG Mehta: The law, as it stands either with or without Navtej Johar case - the law is settled, personal laws are settled. Marriage which is contemplated is between a biological man and a biological woman.

Kirpal: We disagree with this.

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Adv @karunanundy: That is a matter of discussion. My petition is in addition on separate question. There is no requirement under law of a "biological man" or "biological woman" or either of "bride" or "groom" (under the relevant Acts)

Mehta: "Spouse" means that

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It doesn't say that. As per a large number of judgments in the international domain, the onus on us is only to register it. If the state agrees or doesn't wish to counter. we agree that we don't think there is much to say, Nundy says.

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CJ Patel: If anyone wishes to file a reply, they may file. otherwise, we are putting for a final hearing.

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Court Order: At request tof counsel for both sides, listed for hearing on 21 December.

Mehta: Can it be November?

Court: November 30. Meanwhile, if any respondents want to file a reply, they are permitted to file a reply.

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#JUSTIN: #DelhiHighCourt lists for final hearing the petitions seeking recognition of same-sex marriages under various Indian laws including the Special Marriage Act and Foreign Marriage Act on November 30.

Replies, rejoinders if any may be filed in the meanwhile.

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