Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1896

D. Y. CHANDRACHUD, HIMA KOHLI
Supriyo @ Supriya Chakraborty – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
Mr. Mukul Rohatgi, Sr. Advocate, Mr. Saurabh Kirpal, Sr. Advocate, Ms. Tahira Karanjawala, Advocate, Ms. Niharika Karanjawala, Advocate, Mr. Vardaan Wanchoo, Advocate, Mr. Shreyas Maheshwari, Advocate, Mr. Ritwik Mohapatra, Advocate, for M/S. Karanjawala & Co., Advocate, Mr. Neeraj Kishan Kaul, Sr. Advocate, Dr. Menaka Guruswamy, Sr. Advocate, Ms. Arundhati Katju, Advocate, Ms. Priya Puri, Advocate, Mr. Govind Manoharan, Advocate, Mr. Dhruv Sharma, Advocate, Mr. Toshiv Goyal, Advocate, Mr. Raghav Agrawal, Advocate, Mr. Yash S. Vijay, Advocate, Mr. Utkarsh Pratap, Advocate, Ms. Shristi Borthakur, Advocate, Ms. Ritika Meena, Advocate, Mr. Ranjay Dubey, Advocate, Mr. Rishabh Sharma, Advocate, for the Appellant.

Judgement Key Points

Key Points: - The central legal point is the consideration of the recognition of same-sex marriage under various matrimonial statutes [judgement_subject]. - A writ petition was filed seeking recognition of same-sex marriage under statutes including the Special Marriage Act [judgement_act_referred] (!) (!) . - The Union Government indicated its intention to transfer similar pending matters from other High Courts to the Supreme Court (!) (!) . - The court considered a list of petitions pending before various High Courts concerning the recognition of same-sex marriage (!) (!) . - The court issued notice returnable on 6 January 2023 (!) . - Liberty was granted to serve the Central Agency (!) . - Notice was also issued to the Attorney General for India (!) . - The main issue before the court was the recognition of same-sex marriage under various matrimonial statutes [Issues]. - The court's decision was based on the need to address pending matters related to same-sex marriage recognition and the Union Government's intention to transfer similar cases [Ratio Decidendi]. - The judgment was decided on 25-11-2022 [legal_document].

What is the recognition of same-sex marriage under various matrimonial statutes?

What are the rights of same-sex couples regarding marriage recognition?

How to transfer pending matters related to same-sex marriage recognition to the Supreme Court?

ORDER

1. A Writ Petition invoking Article 226 of the Constitution [Writ Petition (Civil) No. 2186 of 2020] has been filed before the High Court of Kerala on the same subject. On 21 November 2022, the following order was passed by the Single Judge of the High Court :-

"Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to direct Respondents Nos. 2-6 and all authorities thereunder or their agents acting under them, directing them to accept and process the Notice to be given by the Petitioners under Section 5 of the Special Marriate Act, 1954, pending final disposal of this writ petition.

This petition coming on for orders upon perusing the petition and the affidavit filed in support of WP(C) and upon hearing the arguments of M/S. GEORGE VARGHESE (PERUMPALLIKUTTIYIL), A.R. DILEEP, P.J. JOE PAUL, MANU SRINATH & RAJAN G. GEORGE, Advocates for the petitioners, DEPUTY SOLICITOR GENERAL for R1 and of STATE ATTORNEY for R2 to R6, the court passed the following:

Learned Deputy Solicitor General subm

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2022 Supreme(SC) 1896

D. Y. CHANDRACHUD, HIMA KOHLISupriyo @ Supriya Chakraborty – AppellantVersusUnion of India – Respondent

What is the recognition of same-sex marriage under various matrimonial statutes?

What are the rights of same-sex couples regarding marriage recognition?

How to transfer pending matters related to same-sex marriage recognition to the Supreme Court?

D. Y. CHANDRACHUD, HIMA KOHLI
Supriyo @ Supriya Chakraborty – Appellant
Versus
Union of India – Respondent