On Feb. 25, the central government opposed the plea to recognize same-sex marriage stating there is no fundamental right to seek such recognition.
Two mental health professionals filed the second petition. Two women, Kavita Arora and Ankita Khanna sought legal recognition of their marriages.
Similarly, Vaibhav Jain, an Indian citizen, and Parag Vijay Mehta, an overseas citizen of India, are the two men who filed the third plea. They got married in the U.S., where same-sex marriage is legal. They sought the same relief as the Indian consulate in the U.S. had declined to register their union under the Foreign Marriage Act.
The government told the Delhi High Court on Feb. 25, that any intervention by a court in the marital statute based on personal laws would "create havoc", and all legal provisions framed by Parliament would be unworkable. The government said that marriage in India is recognized between "a biological man and a woman" capable of having children and opposed the validation of same-sex marital unions.
The government argued that the Indian family unit's concept consists of a husband, wife, and children and that it cannot be compared to living together with partners or in a relationship with a same-sex individual. The central government said that the petitioners could not claim a fundamental right to same-sex marriage, despite section 377's decriminalization.
The Delhi High Court is to further hear the case on April 20, 2021.