Procedure Adopted In Marriage Registration Must Reflect Mindset Of The Changed Times In A Secular Nation Promoting Inter-Religion Marriages: Punjab & Haryana HC [Read Judgment]
6 years, 8 months ago

Procedure Adopted In Marriage Registration Must Reflect Mindset Of The Changed Times In A Secular Nation Promoting Inter-Religion Marriages: Punjab & Haryana HC [Read Judgment]

Live Law  

‘The petitioners are without doubt in a relationship and want to marry. They may belong to different religions but love and affection knows no barriers.’The Punjab and Haryana High Court has suggested to the State of Haryana to suitably modify and simplify the Court Marriage Check List to bring it in line with the Special Marriage Act by minimal executive interference. They may belong to different religions but love and affection knows no barriers.’ The Punjab and Haryana High Court has suggested to the State of Haryana to suitably modify and simplify the Court Marriage Check List to bring it in line with the Special Marriage Act by minimal executive interference. The court observed that some of those conditions largely violate the rights to privacy and are particularly offensive and excessive executive action beyond the purview of the Special Marriage Act. The State is not concerned with the marriage itself but with the procedure it adopts which must reflect the mind-set of the changed times in a secular nation promoting inter-religion marriages instead of the officialdom raising eyebrows and laying snares and land mines beneath the sacrosanct feet of the Special Marriage Act, 1954 enacted in free India to cover cases not covered by any other legislation on marriages as per choice of parties for a court marriage.”

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History of this topic

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages
3 weeks, 2 days ago

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages

Live Law  

The Delhi High Court on Wednesday expressed its displeasure at the Union and Delhi Governments over non-compliance of a Supreme Court order directing that all marriages be compulsorily registered, irrespective of faith. Notably, the Delhi government had issued Delhi Order, 2014, for compulsory registration of marriages. In November last year, a single judge had directed Delhi Government's Chief Secretary to …

Any Authority May Be Empowered To Register Muslim Marriages, Not Just Board: Karnataka State Waqf Board Tells HC, Cites Lack Of Legislation
1 month, 1 week ago

Any Authority May Be Empowered To Register Muslim Marriages, Not Just Board: Karnataka State Waqf Board Tells HC, Cites Lack Of Legislation

Live Law  

The Karnataka State Waqf Board which has been authorised by the State government to issue marriage certificates to married Muslim applicants, has informed the High Court that it is only interested to see that a muslim marriage which has happened conventionally under the Personal Law, is given some sanctity. The board stated that since there was no law regarding the …

Any Authority May Be Empowered To Register Muslim Marriages, Not Just Board: Karnataka State Waqf Board Tells HC, Cites Lack Of Legislation
1 month, 1 week ago

Any Authority May Be Empowered To Register Muslim Marriages, Not Just Board: Karnataka State Waqf Board Tells HC, Cites Lack Of Legislation

Live Law  

The Karnataka State Waqf Board which has been authorised by the State government to issue marriage certificates to married Muslim applicants, has informed the High Court that it is only interested to see that a muslim marriage which has happened conventionally under the Personal Law, is given some sanctity. The board stated that since there was no law regarding the …

Inter-faith marriages should be registered under Special Marriage Act: Madurai Bench of Madras High Court
1 month, 2 weeks ago

Inter-faith marriages should be registered under Special Marriage Act: Madurai Bench of Madras High Court

The Hindu  

A person of Hindu faith who wishes to marry a person of another faith, be it Christianity, Islam or any other faith, then such a marriage should be registered under the Special Marriage Act, in order to avoid being declared illegal and void, the Madurai Bench of the Madras High Court observed. A Division Bench of Justices R. M. T. …

Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC
1 month, 2 weeks ago

Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC

Live Law  

The Madras High Court has observed that a marriage between a Hindu and a person belonging to any other religion cannot be celebrated under the Hindu Marriage Act as the Act requires both the parties to the marriage to belong to the Hindu faith. Thus, the court held that if a Hindu person wished to marry a non-Hindu, the marriage …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court
1 month, 4 weeks ago

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court

Live Law  

The Kerala High Court stated that marriages conducted outside India, where only one of the party is an Indian citizen, can be registered under the Foreign Marriage Act. “On a comparison of the provisions of the Special Marriage Act and the Foreign Marriage Act, it is apparent that a marriage between parties, of whom at least one is a citizen …

In a first, Punjabi couple registers marriage in Kerala
2 months, 3 weeks ago

In a first, Punjabi couple registers marriage in Kerala

New Indian Express  

KOCHI: The pomp and splendour of the usual Punjabi wedding was missing for sure, but Mantej Singh, 29, and Inderpreet Kaur, 28, were the centre of attention at the cramped sub-registrar office at the heart of Kochi city. On Monday morning, the duo made history, becoming the first Sikh couple to register their marriage in Kerala. We decided to register …

Punjab & Haryana HC Rejects Protection Plea Of Live-In Couple Where One Of Them Was Married With Kids, Says It Would "Promote Bigamy"
2 months, 4 weeks ago

Punjab & Haryana HC Rejects Protection Plea Of Live-In Couple Where One Of Them Was Married With Kids, Says It Would "Promote Bigamy"

Live Law  

The Punjab & Haryana High Court has refused to grant protection to a live-in couple–wherein one of them was already married and had children, observing that allowing the plea in this instance will encourage the wrong doer and promote bigamy, violating the rights of the spouse and children of one of the petitioner's. Justice Sandeep Moudgil said, "Under Article 21 …

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act
3 months, 1 week ago

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act

Live Law  

Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer. In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954. However, the …

Gauhati HC Seeks Assam’s Stand on Marriage Act
3 months, 3 weeks ago

Gauhati HC Seeks Assam’s Stand on Marriage Act

Deccan Chronicle  

Guwahati: The Gauhati High Court on Wednesday sought the response of the Assam government to a petition challenging the legality of the recently-enacted Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024. A Bench comprising Justices Lanusungkum Jamir and Kaushik Goswami asked the state government to respond in four weeks to the plea filed by the All Assam Muslim …

High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner
4 months, 2 weeks ago

High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner

Live Law  

The Delhi High Court has directed Delhi Government's Chief Secretary to ensure that marriages solemnized under the Muslim personal law are registered online as mandated by the Delhi Order, 2014.Justice Sanjeev Narula directed the Chief Secretary to personally look into the issue and ensure compliance of a judgment passed on July 04 directing the. The Delhi High Court has directed …

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
6 months, 2 weeks ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the …

Punjab & Haryana High Court Asks CBI To Delve Deep Into Issue Of Suspected 'Illegal Religious Conversions'
6 months, 2 weeks ago

Punjab & Haryana High Court Asks CBI To Delve Deep Into Issue Of Suspected 'Illegal Religious Conversions'

Live Law  

The Punjab and Haryana High Court has reiterated that the CBI needs to delve deep into the roots of the cause of suspected illegal religious conversions, in the name of inter-faith marriage.Justice Sandeep Moudgil directed so upon coming across a case involving inter-faith marriage solemnized in an autorickshaw, without any witnesses. The Punjab and Haryana High Court has reiterated that …

Married Persons Entering In Live-In Relationships Bring Bad Name, Violate Parents' Right To Dignity: Punjab & Haryana High Court
8 months ago

Married Persons Entering In Live-In Relationships Bring Bad Name, Violate Parents' Right To Dignity: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has refused to grant protection to the already married live-in couples apprehending threat from their family members, observing that married couples who run away from their parental homes to be in live-in relationships are bringing a "bad name" to their parents and also violate the right of the parents to live with dignity.Adding that …

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court
9 months ago

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has observed that the right to marry a person of one's own wish is a fundamental right.The development came while hearing a protection plea of a couple who stated to have legally married each other and apprehended threats from their relatives.Justice Kuldeep Tiwari observed, “To marry a person of one's own choice, is the …

Bizarre judgment: On the Madhya Pradesh High Court’s order
9 months, 3 weeks ago

Bizarre judgment: On the Madhya Pradesh High Court’s order

The Hindu  

It is an old principle that ignorance of law is no excuse. The Madhya Pradesh High Court’s order ruling declining to give protection to a couple on the ground that a marriage between a Muslim man and a Hindu woman will not be valid, even if registered under the Special Marriage Act, 1954, reflects an incredible misunderstanding of the law. …

Recent MP HC judgment on interfaith couples could deter mixed marriages
9 months, 3 weeks ago

Recent MP HC judgment on interfaith couples could deter mixed marriages

Hindustan Times  

The marriage between a Muslim man and a Hindu woman was not valid under Muslim personal law even if registered under the Special Marriage Act, 1954, the Madhya Pradesh High Court recently ruled, denying police protection to the interfaith couple. On April 20, 1978, the husband gave “talaq”, which was challenged by his wife before the High Court of Bombay …

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court
9 months, 4 weeks ago

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the law does not prevent an interfaith couple from applying for court marriage under the Special Marriage Act without the requirement of converting their religion. The petitioners argued that without converting to the faith/religion of the other, they decided to cohabit as husband and wife and get married under the Special Marriage Act …

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act
9 months, 4 weeks ago

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act

India TV News  

The Allahabad High Court has observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. The court dismissed the argument, stating that while marriage by agreement is invalid, parties can apply for court marriage under the Special Marriage Act without conversion. However, law does not prevent the parties from applying for court marriage under …

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
9 months, 4 weeks ago

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion

Hindustan Times  

While granting protection to an interfaith live-in couple facing threats, the Allahabad high court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. Allahabad High Court The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” Justice Jyotsna Sharma made this observation …

M.P. HC refuses protection to interfaith couple to register wedding under Special Marriage Act
9 months, 4 weeks ago

M.P. HC refuses protection to interfaith couple to register wedding under Special Marriage Act

The Hindu  

The wedding of a Muslim man with a Hindu woman, even if it is registered under the Special Marriage Act, is not valid, the Madhya Pradesh High Court has said while dismissing an interfaith couple’s petition seeking protection and help in registering their marriage. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship …

Marriage, a chaotic construct!
9 months, 4 weeks ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

Hindu marriage not valid unless performed with requisite ceremonies: SC
10 months, 4 weeks ago

Hindu marriage not valid unless performed with requisite ceremonies: SC

New Indian Express  

NEW DELHI: In a significant verdict on the Hindu Marriage Act, the Supreme Court has ruled that the registration of a union will be null and void if a valid ceremony and rituals like the Saptapati, are not performed. “A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange …

Supreme Court Transfers To Itself Petition In HC Challenging Validity Of Shariat Act & Polygamy In Muslim Personal Law
1 year ago

Supreme Court Transfers To Itself Petition In HC Challenging Validity Of Shariat Act & Polygamy In Muslim Personal Law

Live Law  

The Supreme Court transferred to itself the pending PIL before the Allahabad High Court challenging the validity of the Muslim Personal Application Act, 1937, and seeking a declaration that Section 494 IPC is ultra vires to the Constitution of India. In March last year, the High Court Bench of Justices Devendra Kumar Upadhyaya and Subhash Vidyarthi issued a notice to …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 2 months ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
1 year, 2 months ago

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples

Hindustan Times  

The Delhi High Court has upheld the constitutional validity of a provision of the Hindu Marriage Act which prohibits marriages between people who are related to each other through ancestors from their parents' side unless their custom allows them to do so. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a …

Person Converting Religion For Marriage Must Be Informed Of Legal Consequences Like Inheritance, Maintenance: Delhi HC Issues Directions
1 year, 2 months ago

Person Converting Religion For Marriage Must Be Informed Of Legal Consequences Like Inheritance, Maintenance: Delhi HC Issues Directions

Live Law  

The Delhi High Court on Friday observed that an individual undergoing religious conversion for the purpose of marriage must be fully informed of the legal consequences associated with it and issued a slew of directions to be followed in conversion cases. The court said that the foremost requirement in the process of religious conversion for the purpose of marriage revolves …

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court
1 year, 3 months ago

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court

Live Law  

Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. “…The respondents cannot refuse to register the marriage of the petitioners only because the petitioner No.2 is a foreigner and is not a citizen of …

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court
1 year, 4 months ago

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.Justice Kuldeep Tiwari said, ".without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 is living …

What Indian laws say about polygamy
1 year, 5 months ago

What Indian laws say about polygamy

Live Mint  

Who is allowed to have more than one wife or husband in India? Now, let's delve into these laws and aspects first: The Hindu Marriage Act and Indian Penal Code Bigamy is prohibited for a select section of society in India under The Hindu Marriage Act, 1955. What Hindu Marriage Act says The Act clearly states THIS as one of …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 5 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

A milestone in Hindu marriage reform in India
1 year, 6 months ago

A milestone in Hindu marriage reform in India

The Hindu  

Nearly 56 years after the enactment of the Hindu Marriage Act 1967, young Illavarasan, from Tamil Nadu, never thought that his Suyamariyathai marriage that was performed and validated under this Act could be invalidated and criminalised by the same Madras High Court which, in 1953, in Chidambaram Chettiar vs Deivanai Achi, had declared such marriages to be null and void …

Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing
1 year, 6 months ago

Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing

Live Law  

The Kerala High Court has directed the State Government to inform all registering authorities that marriages can be registered by securing the presence of the parties by video conferencing. Justice Devan Ramachandran directed the State Government to comply with the direction within two weeks so that parties would not have to approach the Court each time with the same request. …

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained
1 year, 6 months ago

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained

The Hindu  

The story so far: Affirming the fundamental right to choose one’s life partner, the Supreme Court on August 28 held that ‘self-respect’ marriages or ‘suyamariyathai’ under Section 7 of the Hindu Marriage Act, 1955, do not need public solemnisation or declarations, setting aside a May 2023 Madras High Court judgement. In doing so, a Bench comprising Justices S. Ravindra Bhat …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 7 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC
1 year, 7 months ago

First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC

News 18  

The Allahabad High Court recently affirmed the ruling of a family court that a first wife has the right to file an application under section 11 of the Hindu Marriage Act, 1955, seeking the declaration of her husband’s second marriage as illegal and void. The counsel for the appellant who was the second wife of a man heavily relied upon …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 9 months ago

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court

Live Law  

Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that the Respondent's right to …

Punjab and Haryana HC refuses to grant protection to Muslim man, second wife
1 year, 10 months ago

Punjab and Haryana HC refuses to grant protection to Muslim man, second wife

Hindustan Times  

The Punjab and Haryana high court has refused to grant protection to a Nuh Muslim man and his second wife as the court found that the first one has not been associated with proceedings. “Person who does not do equity with others and even to the life of companion, cannot approach the court to seek approval of his relation under …

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections
1 year, 11 months ago

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections

Live Law  

In the marriage equality case before the Supreme Court, some petitioners have challenged the provisions of the Special Marriage Act 1954 which require parties intending marriage to give advance notice of 30 days, which will be published in the Registrar's office inviting public objections. Senior Advocate Dr Abhishek Manu Singhvi, appearing in the writ petition filed by Utkarsh Saxena and …

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes
1 year, 11 months ago

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

Hindustan Times  

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. “The State should come forward and provide recognition to same-sex marriage,” senior advocate Mukul Rohatgi. Senior advocate Mukul Rohatgi, representing one of the petitioners, argued before the Supreme Court that “the State should come forward and provide recognition to same-sex marriage.” Meanwhile, Solicitor General Tushar …

Same-Sex Marriage Petitions Represent 'Urban Elitist Views', Popular Will Recognises Marriage As Exclusively Heterogenous : Centre To Supreme Court
1 year, 11 months ago

Same-Sex Marriage Petitions Represent 'Urban Elitist Views', Popular Will Recognises Marriage As Exclusively Heterogenous : Centre To Supreme Court

Live Law  

The Union of India, in a second counter affidavit filed in the Supreme Court, has again opposed the petitions which seek legal recognition for same-sex marriage in India. While contending that marriage is "an exclusively heterogenous institution", the counter affidavit states that those seeking marriage equality in India merely represent "urban elitist views for the purpose of social. While contending …

DCPCR Supports Marriage Equality Petitions In Supreme Court; Says Govt Should Create Awareness That Same Sex Families Are Normal
1 year, 11 months ago

DCPCR Supports Marriage Equality Petitions In Supreme Court; Says Govt Should Create Awareness That Same Sex Families Are Normal

Live Law  

The Delhi Commission for Protection of Child Rights has filed an intervention application in the pleas seeking legal recognition of same-sex marriage in India. While stating that the officials of DCPCR have a total of 15 years of collective experience in dealing with issues pertaining child rights, the application contends that the DCPCR - a statutory body under the Commission …

A case for marriage equality
1 year, 11 months ago

A case for marriage equality

The Hindu  

On March 12, the Centre filed an affidavit in the Supreme Court frowning upon same-sex marriage. More than 20 retired judges issued a statement saying that legalisation of same-sex marriage will “strike at the very root of the family system” and that “such a sensitive issue concerning the society at large be debated in the Parliament and State Legislature as …

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction
1 year, 11 months ago

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction

The Hindu  

A five-judge bench of the Supreme Court is set to hear the petitions on April 18, 2023. It is then upon the aggrieved members of society, the victims of the current marriage regime, to go to court and say the laws as they stand today are violative of the Constitution, and therefore the court is absolutely the right forum for …

In Gujarat Assembly, MLAs Demand Parents Sign Be Made Mandatory for Love Marriage Registrations
2 years ago

In Gujarat Assembly, MLAs Demand Parents Sign Be Made Mandatory for Love Marriage Registrations

News 18  

MLAs from BJP and Congress have demanded the Gujarat Legislative Assembly that the signature of parents is made mandatory for the registration of ‘love marriages’ and that the document be recorded in the same taluka where the couple would live, according to reports on Friday. BJP MLA from Kalol, Fatehsinh Chauhan, said registration of marriages in cases when a girl …

Will Kerala Muslim couple's re-marriage under Special Marriage Act help them? | Explained
2 years ago

Will Kerala Muslim couple's re-marriage under Special Marriage Act help them? | Explained

India Today  

A Muslim couple from Kerala recently remarried, and got their marriage registered under the Special Marriage Act. READ | What is Special Marriage Act, all you need to know Section 2 of the 1937 Act states that the rule of decision in cases where the parties are Muslims will be the Muslim Personal Law, on the question of succession, marriage, …

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC
2 years, 1 month ago

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC

Live Law  

A Petition has been recently moved before the Kerala High Court challenging the provision of the Special Marriage Act, to the extent that it mandates a waiting period of 30 days after submission of the notice of intended marriage. The Writ Petition was filed seeking a declaration that the mandatory waiting period is unconstitutional or a declaration that the 30 …

HC transfers pleas seeking recognition of same-sex marriages to Supreme Court
2 years, 1 month ago

HC transfers pleas seeking recognition of same-sex marriages to Supreme Court

The Hindu  

The Delhi High Court on Monday sent a batch of petitions seeking recognition of same-sex marriages under various laws to the Supreme Court. On January 6, the top court transferred to itself petitions pending in various High Courts seeking legal recognition of same-sex marriages. The High Court was seized of eight separate petitions by same-sex couples seeking a declaration recognising …

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