Prayer Advanced Res.

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PRAYER ADVANCED

Wherefore in the light of facts presented, issues raised, arguments advanced and authorities
cited, the Counsel on behalf of the appellant humbly prays before this HON’BLE Court to
adjudge and declare that:

1. The Respondents urge this Hon'ble Court to uphold the provisions of the Special
Marriage Act, 1954, which do not recognize same-sex marriage, on the grounds that
the Act adheres to the prevailing legal framework in India. The Act's provisions are
consistent with societal norms and values and should not be declared unconstitutional.
2. The Respondents contend that while the right to marry is a fundamental right under
Part III of the Constitution, reasonable restrictions may be imposed to maintain social
order, morality, and public interest. Same-sex marriage, not recognized by the Indian
legal framework, falls within the ambit of such reasonable restrictions, given the
broader societal context and cultural values.
3. In the event that same-sex marriage is legally recognized, the Respondents submit that
there may be a need to consider a Uniform Civil Code to address the various rights of
spouses in such marriages. However, this should be a matter for the legislature to
determine, rather than the judiciary.
4. The Respondents assert that Amy and Mary have not demonstrated any specific
harassment by the police or neighbours that would warrant the extraordinary
invocation of Article 142 of the Constitution. The authorities acted within the
framework of existing laws and did not infringe upon the rights of the Petitioners.
and\or
The Respondents pray that this Hon'ble Court may uphold the established legal framework,
which does not currently recognize same-sex marriage, and refrain from making
pronouncements that could potentially disrupt the social fabric of India. The Respondents
also request the Court to dismiss the Petitioners' writ petition, as the grievances raised do not
merit judicial intervention.
For these and other equitable reasons, the Respondents most humbly pray for a dismissal of
the Petitioners' claims.

PLACE: COUNSELS FOR RESPONDENT’S


DATE:

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