Same sex marriage
5 years ago
I m 36 yrs old nd a working woman. It's been 10 yrs of my marriage. My married life has never been even ok due to many problms. We hv two kids. I love a girl of 24 yrs, she too loves me nd well settled. I want to know dt can I marry my girlfriend legally after taking Divorce from my husband? my husband knows everything nd not ready to leave me. Me nd my girlfriend hv never got physical since we started sharing our emotions for eachother. We both truely love eachother. My in laws and my own parents r too not going to be agree for our relationship. Wht should I do plz advice legally nd morally both. Thanku.
You may work out for mutual divorce failing which go for contested divorce on some strong grounds and after getting divorce you can go for second marriage.
For full procedure contact me on mobile through Vidhikarya.
Sayaree Ganguly
Responded 5 years ago
Same-sex marriages are not legally recognised in India nor are same-sex couples offered limited rights such as a civil union or a domestic partnership.
While same-sex marriage is not illegal in India, there are certain legal implications that come into play. To understand the legal implications of same-sex marriages given that Section 377 of the Indian Penal Code, 1860 is in force now,
Therefore it is a criminal offence for two consenting adult gay, bisexual and transgender persons to have sex in India. Lesbian women are not criminalized under Sec. 377 as it criminalizes only ‘penile non-vaginal sex’. However, lesbian women are frequently persecuted and prosecuted under false cases of kidnapping and/or theft offences, when partners elope. A gay, bisexual or trans person solemnizing a same-sex marriage in India may be interpreted as ‘intending’ to violate the law under Sec. 377, as ‘consummation of marriage’ by sexual relations is intrinsic to a marriage, as per both social and legal norms.
Shanti Ranjan Behera
Advocate
Rameshwar Dadhe
Responded 5 years ago
Divorce planning due to extramarital affair
Divorce
Need Advice ..
How to file a divorce petition?
Domestic voilence
