LGBTQ Rights: “Couple seeking to register marriage under Islamic Law being forced to register under Special Marriage Act”: Delhi High Court seeks Delhi Govt’s response
During a hearing in the Delhi High Court relating to an LGBTQ couple seeking protection against threat from family members, the Court was apprised by the petitioner NGO ‘Dhanak for Humanity’ that people marrying under the Muslim Marriage Act are being forced to register their marriage under the Special Marriage Act, 1954.
The single judge bench of Justice Rekha Palli has sought response from the Delhi Government on this aspect.
The Court has accordingly granted 3 weeks to Advocate Shadaan Farasat appearing for GNCTD to seek instructions on the issue.
The Court was hearing a plea by NGO Dhanak of Humanity which had filed the petition in regard to a Muslim couple belonging to the LGBTQ Community who stated that they are majors, however, their relationship is not acceptable to their family members for the reason the couple belongs to LGBTQ community.
The Court in the previous hearing had directed the SHO, PS Mayur Vihar, Phase-I, Delhi to ensure that the petitioners are taken from the office of the NGO and lodged at the safe house at Seva Kutir Complex, Kingsway Camp, Delhi where they would be given necessary protection by the concerned SHO through beat staff/division officer and other security maintained at the Seva Kutir complex.
The Court has listed the matter for next hearing on October 4.
Case Title: Dhanak of Humanity and Ors vs State of NCT and Anr