The conversation around LGBTQ+ rights in India has seen significant progress in recent years. However, one area that still lacks full legal recognition is marriage registration for LGBTQ+ couples. In this post, we explore the current legal status, landmark judgments, limitations, and the evolving framework for same-sex and queer couples wishing to formalize their relationships in India.
🏳️🌈 Current Legal Status: Is Same-Sex Marriage Legal in India?
As of May 2025, same-sex marriages are not legally recognized under any Indian marriage laws, including:
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Indian Christian Marriage Act, 1872
- Muslim Personal Law
- Foreign Marriage Act, 1969
While the Supreme Court decriminalized homosexuality in 2018 (Navtej Singh Johar v. Union of India), it stopped short of granting marriage equality.
⚖️ What the Courts Have Said
| Case | Year | Outcome |
| Navtej Singh Johar v. UOI | 2018 | Decriminalized consensual homosexual activity |
| Supriyo v. Union of India | 2023 | Supreme Court denied legal recognition of same-sex marriages |
| Delhi High Court PIL (pending cases) | Ongoing | Awaiting further direction on recognition and civil union rights |
The Supreme Court in 2023 stated that it is the role of the Parliament—not the judiciary—to amend laws and introduce marriage equality.
🔍 Can LGBTQ+ Couples Register Their Marriage Under Any Act?
At present, Indian law does not allow LGBTQ+ couples to register their marriages under any existing marriage acts.
- You cannot file a notice under the Special Marriage Act as a same-sex couple
- Religious and civil registrars will not accept applications from non-heterosexual partners
🛂 What About International Marriages?
Some LGBTQ+ couples have married abroad in countries that allow same-sex marriage (e.g. Canada, UK, USA). However:
- These marriages are not legally recognized in India
- Immigration, property, inheritance, or spousal rights do not apply in Indian courts
💼 Can LGBTQ+ Couples Enter Into Legal Agreements in India?
Yes, there are ways to provide some legal structure to your relationship:
| Legal Arrangement | Purpose |
| Co-habitation agreement | Define financial responsibilities, living arrangements |
| Power of attorney | Authorize medical or legal decisions for each other |
| Will or nomination rights | Inheritance, pension, or insurance benefits |
| Joint property ownership | Shared real estate with legal title in both names |
While these are not substitutes for marriage, they offer limited protection.
🌐 What Is the Way Forward?
The demand for legal recognition of LGBTQ+ marriages is growing. Advocacy groups and legal experts continue to:
- File petitions in various High Courts
- Lobby lawmakers for an inclusive amendment to the Special Marriage Act
- Spread awareness through civil rights campaigns
There is hope that legal recognition will eventually follow the path of social change, as it did with Section 377.
✅ Practical Advice for LGBTQ+ Couples in India
- Maintain thorough documentation of your partnership (photos, shared accounts, cohabitation bills)
- Create legal agreements (PoA, will, nominations) to protect basic rights
- Consider consulting a legal expert to draft partnership contracts
- Stay updated on legal proceedings and developments
Final Thoughts
Marriage equality is not yet a legal reality in India—but the momentum is growing. Until the law evolves, LGBTQ+ couples must rely on creative legal planning to secure some degree of protection.
At Court Marriage Mumbai, we support the LGBTQ+ community by providing clear, respectful information, and connecting couples with legal professionals for drafting agreements and understanding their rights.
📞 Call or WhatsApp us for guidance
📩 Or reach out via our contact form for LGBTQ+ legal support
Court Marriage Mumbai – Advocating for Equality, One Step at a Time