IS HINDU MARRIAGE ACT, 1955 HOMOPHOBIC OR ITS INTERPRETATION?
DOI:
https://doi.org/10.55662/Abstract
It was in December 2004 that the local Duty Magistrate had pronounced that the lesbian couple – Raju and Mala, could live together as a couple. These two local girls belonged to Sandhu Colony in the Vijay Nagar area on Batala Road, Amritsar. They had eloped on November 27, 2004 and had gone to temple in New Delhi where they got married. The question that arises when one encounters such judgments from the Judiciary in India is that why can’t couples that constitute of the same-sex partners enter into a marriage relationship under the Hindu Marriage Act, 1955. According to Section 5 of the Hindu Marriage Act, 1955:
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