A.
Dear Client,
India does not recognize same-sex marriage, civil unions or other forms of partnerships, but provides some limited legal recognition to cohabiting same-sex couples in the form of live-in relationships. The Supreme Court ruled in 2023 that there is no fundamental right to marry and in a majority verdict, the court has ruled against same-sex marriage. The marriage equality finally arrived on June 26, 2015, with the decision of the Supreme Court of America in the case of Obergefell v. Hodges. In a landmark 5-4 decision, marriage equality became the law of the land and granted same-sex couples in all 50 states of the USA the right to full, equal recognition under the law which is exclusively applicable to the citizens of the USA. Since the 2010s, courts in several states, including Gujarat, Himachal Pradesh, Kerala, Odisha, Punjab, Uttar Pradesh and Uttarakhand, have ruled on an individual basis that live-in relationships between same-sex couples are not unlawful and entitled to legal protection. This has often only entailed limited inheritance benefits or police protection from family. Courts have also recognized guru–shishya, nātā prathā or maitri karar-type contractual relationships. So, in the absence of legal sanctity of same-sex marriage in India, a relative of your partner can object to such marriage and move to Court to stop such an illegal attempt at same-sex marriage which is impermissible under the law.
Posted On 04-Jan-2025
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