Source:- business-standard.com<\/p>\n\n\n\n
\n\tA gay couple has moved the Kerala High Court, seeking to strike down \ncertain provisions under the Special Marriage Act, 1954, which do not \npermit to get their marriage registered.<\/p>\n\n\n\n
\n\tConsidering the writ petition by the petitioners on Monday, the court \nhas sought the views of Central and state governments on the matter.\n\n\n<\/p>\n\n\n\n
\n\tThe petitioners, a business man and an IT professional had met each other in May 2018 and fallen in love.<\/p>\n\n\n\n
\n\tAfter being in a relationship for two months, they decided to get hitched.<\/p>\n\n\n\n
\n\tIn September last year, they got married in a private ceremony.<\/p>\n\n\n\n
\n\tHowever, the religious authorities declined to solemnise the wedding \nand hence the couple decided to get their marriage registered under the \nSpecial Marriage Act, 1954, which does not recognise homosexual \nmarriages.<\/p>\n\n\n\n
\n\tIn their plea, the gay couple stated thatit was aggrieved by the \nprovisions of the Special Marriage Act, 1954 whereby the law provided \ntherein only permits a heterosexual (opposite sex) couple to get married\n and a homosexual couple like them is denied equal access to the \ninstitution of marriage.<\/p>\n\n\n\n
\n\tThey claim that the impugned provisions of the Act violate their \nfundamental rights and are thus “illegal and unconstitutional” to that \nextent.<\/p>\n\n\n\n
\n\tSeeking declarations in this connection and to obtain the relief for \ngetting married under the Act, the writ petition was being moved jointly\n by the petitioners, who submitted that they have suffered public \nhumiliation after they disclosed their love for each other.<\/p>\n\n\n\n
\n\tBut, greater is the insult and indignity the petitioners have suffered \nat the hands of law, which refuses to recognise their union, causing \nimmense pain and agony to them, they said in the petition.<\/p>\n\n\n\n
Noting that the impugned provisions restrict the process of application, solemnisation and registration of marriages to heterosexual couples alone and exclude homosexual couples from its ambit.<\/p>\n