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deepsam (ae)     22 August 2013

Same sex marriges

dear sir/madam 

we are a same s*x couple in a commited relation with each othher since last 1 year in a fear of forceful marrige by our family members we intend to make a mutual agreement which can be challanged in d court of law and bounds us to stay together for ever
please suggest if such an agreement can be made and help us protect from forcible marriages by our family members and also prevent cheating by any of of us.
 
please let us know
 
1)the requirements for such an agreement
2)terms n conditions
3)time required for such an agreement
 
thankyou 


Learning

 1 Replies

Tajobsindia (Senior Partner )     23 August 2013

1. Such Agreement though can be drafted and notarised yet they are not binding on each other hence does not give legal sanctity.

2. Same-s*x marriages are not legal in India. But that did not stop a Gurgaon court in 2011 from effectively recognising a marriage between two women.  See below link.

https://articles.timesofindia.indiatimes.com/2011-07-29/gurgaon/29828761_1_gurgaon-court-lesbian-marriage-legal-marriage

3.
Since marrying, the couple started receiving threats from friends and relatives in their village. Their lawyer (Vandana Aggarwal) said the court had served notice on 14 of Veena's relatives and villagers who had threatened them with "dire consequences". Haryana has been the centre of widespread protests by villagers who believe their village councils, or khaps should be allowed to impose their own punishments on those who disobey their rulings or break local traditions – mainly honour killings of those who marry within their own gotra or sub-caste, regarded in the state as akin to incest. Deputy Commissioner of Police Dr. Abhe Singh told The Daily Telegraph: "The couple has been shifted to a safe house and we have provided adequate security to them on the court orders. The security is provided on the basis of threat perception and in this case the couple feared that their families might be against the relationship."

The couple did win family approval eventually (see below link)

https://www.telegraph.co.uk/news/worldnews/asia/india/8662082/Indias-first-married-lesbian-couple-given-24-hour-protection.html

4. Hence suggestion is to get approval of atleast one family relative from either side and tie the knots in Hon'ble Court and seek protection from Hon'ble Court and rest may be called 2nd. recognition of same-s*x relationships history in the making in India.

5. I donot subscribe to reply by @Raj123, reason being homos*xuality / lesbianism as per ref. of this brief should be seen in the context of changing society as many things which were earlier unacceptable have become acceptable with passage of time and Law has also cached up with society changing and one can find good eg. is Ref.:  Naz Foundation Vs. Govt. of NCT of Delhi 2009 Delhi HC Judgment, which found S. 377 IPC and other legal prohibitions against private, adult, consensual, and non-commercial same-s*x conduct to be in direct violation of fundamental rights provided by the Indian Constitution.


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