Supreme Court Round-Up for Thursday

Important cases heard by the Supreme Court on Thursday, April 27:

* SC said the acceptance of the right to cohabitation of same-sex partners as a fundamental right by the Centre casts a “corresponding duty” on it to recognise its social consequences and asked the government to apprise it as to what can be done to grant social welfare benefits to them without going into legalising their marriage.

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* SC, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriages, indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954.

* Centre told SC, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriages, that the argument advanced about freedom of sexual orientation and autonomy may be raised in future to challenge the incest prohibition.

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* More than 30 LGBTQIA++ collectives of law school students have said the Bar Council of India resolution urging the SC not to deal with pleas seeking legalisation of same-sex marriage is “antithetical” to the Constitution.

* SC allowed Ansal Theaters and Clubotels Private Limited, whose former directors were real estate barons Sushil Ansal and Gopal Ansal, to move the trial court for de-sealing of Uphaar cinema hall where 59 cinema-goers had lost their lives in a blaze in 1997.

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* Keeping the facade of a broken marriage alive when a marital relationship has grown bitter with time inflicts cruelty on both the husband and wife, SC said while accepting the man’s allegation of cruelty against his wife and allowing his appeal challenging a high court order.

* Observing that technology has become increasingly enmeshed with the systems of dispute resolution, SC has directed district courts to digitise all records of criminal trials and civil suits.

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