The Himachal Pradesh High Court ruled that children born from invalid marriages must not be denied birth registration. Justice Jyotsna Rewal Dua emphasized that these children have rights regardless of their parents’ marital status, reinforcing their legal identity and protection under the law. The court ordered authorities to update relevant records accordingly.
![[BREAKING] Same Sex Marriage | Justice Sanjeev Khanna Recused Himself from the Hearing Citing Personal Reasons](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/image-33-1.png?resize=447%2C367&ssl=1)
Justice Sanjeev Khanna today recused himself from hearing a review petition on same-sex marriage, leading to the reconstitution of a five-judge constitutional bench by CJI DY Chandrachud. The Supreme Court deferred the hearing, and it was clarified that review petitions are decided in chambers, with no open court hearing. The original judgment denied marriage rights to queer couples.
Chief Justice Dr DY Chandrachud emphasized the judiciary’s selective role in societal disputes, clarifying the absence of direct governmental pressure during his term. He underlined the importance of Parliament legislating marriage laws, especially in the context of same-sex unions. Moreover, he highlighted the ongoing dialogue between the judiciary, litigants, and civil society, advocating for livestreaming constitutional cases.
Chief Justice DY Chandrachud underscored the significance of elections in democracy while highlighting the unique non-elective status of Indian judges. He emphasized the judiciary’s responsibility to uphold constitutional values and maintain continuity, emphasizing the need for a balanced approach to technology adoption within the legal framework.
The Allahabad High Court affirmed that interfaith couples can marry under the Special Marriage Act without needing to convert. The court also declared marriages solely based on personal agreements as legally invalid. This decision protects a couple facing threats and reinforces India’s secular and inclusive legal system. The case is scheduled for further hearing on July 10.
The Madhya Pradesh High Court rejected a plea for police protection for registering an interfaith marriage between a Muslim boy and a Hindu girl under the Special Marriage Act, citing that such unions are considered irregular under Mahomedan Law. Despite registration under the Act, the court emphasized the influence of personal religious laws in matters of marriage, applying a precedent regarding inheritance rights from a similar case. The court concluded that there was no justification for intervention in the matter.
A Legacy of Landmark Judgments and Constitutional Wisdom by Justice Sanjay Kishan Kaul Justice Sanjay Kishan Kaul, who retired on December 25, 2023, after serving an impactful tenure of 6 years and 10 months at the Supreme Court of India, has been a pivotal figure in shaping contemporary Indian jurisprudence. His retirement marks the end […]
In a pivotal development, review petitions have been submitted against the Supreme Court’s judgment which declined to grant legal recognition to same-sex marriages in India. The Constitution Bench, led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, had ruled on October […]