New Delhi: A Supreme Court Bench headed by CJI DY Chandrachud on Wednesday issued notice on two petitions seeking the takeover of their cases pending before the Delhi High Court for recognition of the same-sex marriages in India. The first petition (Kavita Arora vs. Union of India) seeks to declare that the Special Marriage Act, 1954, is unconstitutional insofar as it does not provide solemnisation of marriage between a same-sex couple. The second petition (Nibedita Dutta vs. Union of India) has prayed for a writ of mandamus interpreting the Hindu Marriage Act, 1955, inclusively and broadly so as to apply to any two Hindus, who wish to marry thereunder, irrespective of their gender, so as to save it from the vice of unconstitutionality.
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