[2] Henry Sumner Maine first introduced Act III of 1872, which would permit any dissenters to marry whomever they choose under a new civil marriage law.
[3] The Bill faced opposition from local governments and administrators, who believed that it would encourage marriages based on lust, which would inevitably lead to immorality.
[9] The notice is published and a thirty-day waiting period is required during which objections may be raised to the marriage.
The petition requested the Supreme Court to recognise the marriage between any two persons, regardless of gender identity and sexual orientation, and declare the notice and objection provisions as void, by enforcing the fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Indian Constitution.
Dr Kavita Arora & Ankita Khanna filed a petition with Delhi High Court on 8 October 2020 and they were joined by other petitioners over the course of time.
[13][14] On 6 January 2023, their petitions were transferred to Supreme Court to be heard along with Supriyo v. Union of India (2023).