Solicitor general denies the recognition of same sex couples under HMA 1955-56

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Ritwik Das

Abhijit Iyer Mitra the petitioner for same sex marriage recognition under the Hindu marriage act, had to face a setback in the Delhi High court on September 14, 2020.

The main reason to it was the words of solicitor general who argued against the plea filed. In his arguments he clearly mentioned that HMA doesn’t recognize same sex couples.

It the submission was made before a bench of Chief Justice DN Patel and Justice Prateek Jalan, Solicitor General Tushar Mehta opposed the relief sought in the petition saying “our laws, our legal system, our society and our values do not recognize a marriage, which is a sacrament, between same-sex couples.” He added that the culture of any country is codified in statutory provisions like there are special rights to the ‘wife’,

Different age limits and terms are been used along with special protection law for the ‘wife, ‘ in criminal laws like section 498-A IPC etc. Which cannot be determined in same sex couples.

In argument against this, Raghav Awasthi ji on behalf of petitioners argued there are countless gay couples who are willing to get married, but compromise their rights due to lack of registration proof. And are deprived of their rights. In response to this, the bench of judges adjourned the date till October 21, saying that if there are such couples, so they should be heard but only when they come forward till the given date.

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