Delhi High Court Hears Case on Same-Sex Relationship and Marital Law
The Delhi High Court is hearing petitions from a woman undergoing gender transition, seeking to quash FIRs filed by her estranged female partner. The case raises questions about the applicability of marital laws like Section 498A and the Domestic Violence Act to same-sex couples, highlighting gaps in India's legal framework.
The Delhi High Court is currently considering two petitions filed by a woman diagnosed with gender dysphoria, who is undergoing treatment to transition to the male gender. She seeks to quash an FIR under Section 498A and proceedings under the Protection of Women from Domestic Violence Act, 2005, lodged by her estranged female partner. The couple had entered a symbolic marriage in Haryana, but Indian law does not recognize same-sex unions. Legal experts note that Section 498A is designed for traditional marriages and may not apply to same-sex relationships. The case brings attention to the lack of legal protections for same-sex couples and may set a precedent for how such disputes are handled in the future.
