A same sex couple has moved the Delhi high court seeking they be allowed to get married under the Special Marriage Act, saying they have been living together as a couple for eight years, in love with each other sharing the highs and lows of life, but unable marry as they are both women. A similar plea has been moved by two men, who got married in the United States, but their marriage was not registered under the Foreign Marriage Act of 1969 by the Indian consulate as they were a same sex couple.
When the highest court gave a decision on the Navtej Singh Johar case, it held that LGBT citizens have a right to not be discriminated against on the basis of their sexual orientation. It was keeping this in mind that this same sex couple approached the Delhi high court.
Four more people belonging to the gay and lesbian community urged the Delhi high court on Thursday to declare that marriages between any two persons irrespective of their sex be solemnised under the Special Marriage Act (SMA).
A bench of justices R S Endlaw and Asha Menon issued notice to the Centre and the Delhi government seeking their stand on the plea by two women seeking to get married under the SMA.