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SAME-SEX MARRIAGE & ITS IMPACT ON SUCCESSION LAWS IN INDIA

By Niyanta Trivedi

In India marriage is considered as a sacred union of man and women for the purpose of procreation. Each religion has its own faith, belief and customs that those belonging to a particular community strongly believe in and follow religiously, these laws are recognised as personal laws in India. These personal laws deal with the aspect of marriage, successions, adoption, divorce etc. thereby laying down the essential procedural requirements to give all the religious practices a legal effect. The concept of marriage is construed narrowly within the binary lens of union of two heterogeneous individuals this means that they are the standard norms prescribed by the society and any act contrary to set norms would be subject to resistance by the society. The same can be seen in the case of homogeneous relations in India. Though Section 377 has been de-criminalized by the judiciary, a lot of avenues still remain to be unexplored such as the impact of homogeneous relations on succession laws and the legitimacy of their children and their rights. In this paper, the author aims to analyze the legal position of same-sex marriage in India. Further, examine the impact of homogeneous relations on succession laws, and lastly to understand the role of the judiciary in deciding dispute relating to homogeneous relations.

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