MUMBAI: The Central govt sought four weeks’ time to file its reply to a petition by two men who questioned the constitutional validity of the definition of ‘spouse’ under the Income Tax Act and sought a declaration that it be extended to same-sex relationships as well.The HC division bench of Justices B P Colabawala and Amit Jamsandekar gave the Centre time till Oct 16 to file its reply, with additional time for a rejoinder, if any, and posted the matter to Nov 18. The HC said it might decide the matter at the admission stage itself in November.The petition is seeking recognition of same-sex couples as ‘spouses’ under the Income Tax Act, 1961. The petition is over the definition of the term ‘spouse’ in the explanation to the fifth proviso to Section 56(2)(x) of the Act. The petitioners claim that it discriminates against same-sex couples in long-term, committed relationships as it refers only to a heterosexual relationship at present.In August, the high court issued notice to the Attorney General for India after observing that the constitutional validity of the law was challenged. The petition said the HC, in the alternative, should read the term to include same-sex couples like the petitioners, who, according to the petitioners, are “in exactly the same position as heterosexual couples which would be presumed to be in a marriage.”
