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Same Sex Marriage Divorce

When thinking about all the different identities, they all fall within several buckets: Gender Expression; Gender Identity; Sex Assigned at Birth; and Sexual and Romantic Orientation. There is no barrier for love and thus, there should be no barriers for separation. Albeit same sex marriage or civil unions in India is not recognized. In fact, it does not possess a unified marriage law. Every Indian citizen has the right to choose which law will apply to them based on their community or religion. Although marriage is legislated at the federal level, the existence of multiple marriage laws complicates the issue. None of these codified marriage acts explicitly defines marriage as between a man and a woman, neither do these acts explicitly prohibit same-sex unions. However, the laws have "heteronormative underpinnings" and have been interpreted not to recognize same-sex unions.

Hence, LGBTQIA groups are working in the backgrounds for a step by step approach, required to tackle all the problems and rights of LGBTQIA citizens in India. A single case of legal recognition of a same-sex marriage was granted by the Punjab and Haryana High Court in 2011. The couple held a marriage ceremony in Gurgaon after signing an affidavit asserting that they meet all of the requirements of a legal marriage. With the scope of same sex marriages is growing, there is need for laws governing the marriage of the community. 

 At B. N. Nagaraja’s firm, we advocate to support LGBTQIA rights groups and are working on winning the right to same-sex marriage, inspired by the progress achieved in several Western countries. The Law & Mediation office of B.N. Nagaraja, A.P.C., celebrates diversity, inclusion and equity.