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Supreme Court Judge Recuses from Same-sex Marriage

In a Bench of three judges, headed by CJI Chandrachud, senior advocate NK Kaul referred to the review petition challenging the judgment, at the rise, which held that same-sex marriages were legally not valid.

But the CJI clarified, “Matter of review petitions are usually decided in chambers” and that “review petitions, whether to be heard in open court, is also decided by judges in chamber sans lawyers.”

Two judges of the five-judge bench that returned the judgment in same-sex marriage, Justices Ravindra Bhat and SK Kaul, demitted office in 2023, which makes it necessary for a different bench to hear the review petition.

On the recent judgment in October 2023, the five-judge constitutional bench rejected same-sex marriage legalization in unison. The judgment upheld the validity of the Special Marriage Act, 1954, and refused to recognize the right of same-sex couples to marry or enter into civil unions.

One of the petitioners, a patent attorney named Udit Sood, has filed a review petition against the order from the apex court. Another September 2023 judgment of the Supreme Court had said there was no fundamental right to marry and that it could not decide on recognizing the right of LGBTQIA+ persons to get married under the Special Marriage Act.

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Source: ABP News

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