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New plea aims to legalize same-sex unions

The petition requested the court to declare that SMA extended to any two persons wishing to marry, irrespective of sex, by reading the gender or sexuality-based restrictions in the act. This is the third petition seeking to legalize same-sex unions in the HC.


On Thursday, three gay men and a lesbian woman filed a petition urging the Delhi High Court to declare legal marriage between any two individuals, regardless of their gender, under the Special Marriage Act of 1954.


The petition requested the court to declare that SMA extended to any two persons wishing to marry, irrespective of sex, by reading the gender or sexuality-based restrictions in the act. This is the third petition seeking to legalize same-sex unions in the HC. The plea read, "We hope that this honest court recognizes us and other members of the LGBTQ+ community as individuals and upholds non-discriminatory access to the act."





A bench of judges, Rajiv Sahai Endlaw and Amit Bansal, who are hearing the other petitions, sought the reaction of the Centre and posted the matter on April 20 for further hearing.


After higher studies, the first petitioner, lawyer Udit Sood, did not return to the country, seeing the liberty given to couples abroad. Sattvic, the second complainant, lives in Vancouver and said he had been forced to move in order to remain with his partner.


In California, the third applicant, Lakshmi Manoharan, is a physicist. She said she was depressed and powerless because she was unable to take care of her elderly parents.


Gagandeep Paul, the fourth applicant, is considering moving to Canada so he and his wife can get married. The plea was lodged by lawyers Megha Mishra and Tahira from the Karanjawala and Company law firm.



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