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Opposing the request made by a lesbian couple before the Allahabad High Court to grant recognition to their marriage, the Uttar Pradesh Government submitted that "in absence of a man and a woman, marriage cannot be accepted in any way in Indian milieu as it is beyond Indian family concept."

The submission was made before the bench of Justice Shekhar Kumar Yadav during the hearing of a habeas corpus petition moved by the mother of one of the girls alleging that her daughter had been illegally detained by the other girl.

However, in pursuance of court's earlier order, the girls appeared before the court and submitted that they love each other and are residign together. They also apprised the court that they have performed marriage and solicited their request that their marriage should be recognized by the court so that both of them can present themselves as a legally married couple before the society.

To press their argument, the couple referred to the ruling of the Supreme Court in Navtej Singh Johar v. Union of India (2018) and stated that the top court decriminalized consensual homosexual relationships and allowed two adult persons to live together. 

Therefore, stressing that 25 countries have already given validity to 'same-sex marriages', they argued that although the Hindu Marriage Act talks about the marriage of two people, it does not oppose same-sex marriage, hence, their same-sex marriage should be recognized.

However, contending the same, the Additional Government Advocates representing the State Government, stated, "It is India where the country runs according to Indian culture, religion and Indian laws. Here marriage is considered a sacred sacrament, whereas in other countries, marriage is a contract."

Further arguing that in India for a marriage to be performed, a man and woman is a necessity, they stated, "At the time of marriage in India, Hindu man and woman take an oath before the God and 'Agni' that they will be involved in each other's happiness and sorrows throughout their lives."

"The Hindu Marriage Act also talks of one woman and one man for marriage...The Hindu Marriage Act 1955, Special Marriage Act 1954 and Foreign Marriage Act 1969 also do not allow homosexual marriage anywhere. Even in Muslim, Buddhist, Jain, Sikh etc religions, homosexual marriage is not recognized," they averred.

Further, they emphasized that "in Indian culture and laws, a biological husband and biological wife have been said to be essential for marriage and only their marriage has been recognized. In the absence of the above, same-sex marriages cannot be recognized."

And lastly, they contended that the couple's request, if accepted, will be invalid according to Indian culture, religion, and Indian laws. They alleged that if accepted, such a decision will have an adverse effect on various laws of the country which have been made keeping in mind the men and women.

Considering the submission put forth, Court denied the couple's request and disposed of the habeas corpus plea.

Case Title: XXX v State of UP and Another