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While dissolving a marriage, the Delhi High Court has observed that an essential aspect of marriage is being present in each other's life, physically and emotionally

While dissolving a marriage, the Delhi High Court has observed that an essential aspect of marriage is being present in each other's life, physically and emotionally adding that a marriage where there is neither sharing of emotions, nor of dreams, joys, sorrows, memories -- happy or sad, is merely a legal bond.

"It is not to say that every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one," the bench of Justices Vipin Sanghi and Jasmeet Singh noted in the order dated December 3.

The objective of the institution of marriage is to bring two souls together, who embark on the adventurous journey called life. They share experiences, smiles, sorrows, achievements and struggles. They uplift and support each other in all situations with their emotional, mental and physical presence. On this journey of life, they create personal, social and spiritual bonds, everlasting memories, future plans, through which they co-exist in the society, the court said.

An essential aspect of marriage is being present in each other's life, physically and emotionally. It is not to say that every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one. However, a marriage where there is neither sharing of emotions, nor of dreams, joys, sorrows, memories (happy or sad), is merely a legal bond, the court order read.

Indian Marriage Where there is neither sharing of emotions, nor of dreams, joys, sorrows, memories -- happy or sad, is merely a legal bond.Photo by Wikimedia Common

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The stand of a diverse country like India is still not clear as the long-pending subject

By Jaison Wilson

As the legality of same-sex marriage gets approval in Latin America's Chile, the 31st such country in the world, the stand of a diverse country like India is still not clear as the long-pending subject is lying in court while the LGBTQ community says that the country is still following the Victorian law introduced by the British which they themselves took away.

A batch of petitions filed by the persons belonging to the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community seeking a declaration of recognising same-sex marriages under the special, Hindu and foreign marriage laws, is pending before the Delhi High Court.

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The Delhi High Court on Monday sought the Delhi government's reply on a petition.

The Delhi High Court on Monday sought the Delhi government's reply on a petition for setting aside the system of 30 days advance public notice to register a marriage under the Special Marriage Act, 1954.

Noting that no counsel has appeared for the Delhi government in the matter, a bench of Chief Justice D.N. Patel and Justice Jyoti Singh has given one more chance to the government by listing the plea on December 24 for further hearing.

As per the plea filed by an interfaith couple, the procedure of issuance of public notice for 30 days is inviting objections to the inter-faith marriage being registered under the Special Marriage Act.

Demanding to set aside the impugned procedure, the plea, filed through advocates Utkarsh Singh, Md Tauheed and Mohd Humaid, sought direction from authorities concerned to register the marriage of the petitioners with immediate effect.

The petition has also sought to declare Sections 6 and 7 of the Special Marriage Act as null and void by holding it as illegal, ultra vires, and unconstitutional to the Constitution.

It has also sought direction from respondents to decide the objections on the basis of undertaking and certificates issued by government hospitals or any other prescribed authority, submitted by the petitioners.

The petitioners said that they are directly affected and aggrieved by the impugned procedure for applying for registration of marriages under Sections 6 and 7 of the Special Marriage Act, wherein public notice is issued inviting objections, mentioned in Section 4, to the marriage, for next 30 days.

The petitioner submitted that objection under Section 4 (a) is based on a presumption and bias running against the inter-religious marriages and the same conditionality (neither party has a living spouse) can well arise in other religious marriages also but they are exempted from 30 days' notice period, thus depriving petitioners of their life and liberty. (IANS/JB)

Keywords: India, Delhi, Delhi High Court, Special Marriage Act, Justice.


Large-scale destruction of the vegetation and tree cover of New Delhi. Pixabay

The Delhi High Court on Monday sought a response from the AAP government and others over a petition against an order for felling of 315 trees for redevelopment of Ayur Vigyan Nagar in the national capital.

A Division Bench of the high court presided over by Chief Justice D.N. Patel and Justice Prateek Jalan issued notice over the petition filed by Abhishek Dutt through advocate Varun Chopra and slated the matter for further hearing on December 11.

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