Centre to HC: Marriage is between biological man and biological woman

By: Express News Service | New Delhi |



October 26, 2021 3:46:47 am





After a brief hearing, the court listed petitions seeking recognition and registration of same-sex marriages under existing laws for a final hearing on November 30.

The law is settled that marriage is a term associated with a biological man and a biological woman, the Centre argued Monday before the Delhi High Court. After a brief hearing, the court listed petitions seeking recognition and registration of same-sex marriages under existing laws for a final hearing on November 30.

At least five petitions are pending before the court seeking legalisation of same-sex marriages under the Hindu Marriage Act, Special Marriage Act (SMA), Foreign Marriage Act (FMA) and a declaration that the right to legal recognition of same-sex marriage is a fundamental right under Articles 14, 15, 19 and 21 of the Constitution, irrespective of a person’s gender, sex or sexual orientation.

At the outset of Monday’s hearing, advocate Karuna Nundy, who represents one of the couples in the case, submitted that pleadings are not complete as a counter-affidavit has not been filed in her matter which has a distinct prayer.

Solicitor General of India Tushar Mehta submitted that pleadings have been filed and only a question of law is involved. “Everything would depend on whether your lordship recognises the submission on the question of marriage and registration of marriage, whether it has to be between a biological man and a biological woman. The entire matter would depend on that,” submitted Mehta.

“The law as it stands, either with or without Navtej Singh Johar case… the law is settled, the personal laws are settled … marriage which is contemplated is between a biological man and biological woman,” he submitted.

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