SC to hear Centre's plea on maintainability of petitions for same-sex marriage

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The Supreme Court agreed to hear on Tuesday a plea filed by the Centre questioning the maintainability of the petitions seeking legal validation of same-sex marriage. A bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, who mentioned the plea to decide a preliminary issue.

"Yes, it will be listed tomorrow," the bench also comprising justices P S Narasimha and J B Pardiwala said. Terming the petitions seeking legal validation of same-sex marriage as one which reflect an "urban elitist" view for the purpose of social acceptance, the Centre has told the Supreme Court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding.

Questioning the maintainability of the petitions, the Centre has said that legal validation for same-sex marriages will cause complete havoc with the delicate balance of personal laws and accepted societal values.

A five-judge Supreme Court constitution bench is scheduled to hear from Tuesday a batch of petitions seeking legal validation of same-sex marriages in the country.
A bench of Chief Justice D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha and Hima Kohli will hear the petitions which were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is very seminal issue.

The hearing and the consequential outcome will have significant ramifications for the country where common people and political parties hold divergent views on the subject.

The apex court on November 25 last year had sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.

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