January 27, 2019:
Registrar of Marriages argued that there is no Law which recognises same-sex marriage.
Two women from Hamirpur district of Uttar Pradesh divorced their husbands and married each other. The two were in love for last seven years but were later married off against their wishes. But the two could not forget each other.
Their marriage, however, was not registered by the registrar who argued that there is no law which recognises same-sex marriage.
The same-sex marriage was reported on December 29 when the two women, aged 21 and 26, approached the registrar with an affidavit that their marriage be registered and socially recognised.
“Two women living under Rath Police Station area of Hamirpur came to my office on Friday, and married each other by garlanding one another,” sub-registrar Ramkishor Pal said.
In September, a five-judge bench of the Supreme Court decriminalised gay sex and partly struck down Section 377 as violated the right to equality. The law, however, doesn’t allow same-sex marriage.
Daya Shankar Tiwari, the lawyer for the 21-year-old, said registrar RK Pal refused to register their marriage since there is no government law for the same.
He said his client is the daughter of a government school teacher, while the 26-year-old is the daughter of a labourer. Both married on their own wish, the lawyer said.
Even though India does not have a law on same-sex marriages, the two are within their legal rights to live with each other since the Supreme Court has struck down Section 377.