Latest news with #FamilyCode
Filipino Times
2 days ago
- Filipino Times
Supreme Court voids marriage over husband's concealed homosexuality, cites fraud
The Supreme Court (SC) of the Philippines has nullified a marriage after determining that the husband's concealment of his homosexuality from his wife constituted fraud, a valid basis for annulment. In a decision issued by the SC Second Division, the Court emphasized that marriage is a special and permanent union between a man and a woman, founded on mutual trust and the establishment of a family life. Under Article 45 of the Family Code, a marriage may be annulled if consent was obtained through fraud — including the deliberate hiding of one's sexual orientation. The case involved a couple who met online while the man was working in Saudi Arabia. They developed a relationship over social media and eventually met in person during the man's vacation in the Philippines in 2012. They later got married, though the woman noticed red flags early on, including his refusal to hold hands, kiss, or sit beside her. When questioned, the man claimed he was just shy. Despite being married, the husband continued to avoid physical intimacy and frequently argued to create distance. Two months after their wedding, he left again for overseas work and cut off communication entirely. In 2015, the woman discovered magazines containing images of scantily clad or nude male models among his belongings. When she confronted him, the man admitted to being homosexual. The woman then returned to her parents and filed for annulment. Both the Regional Trial Court and the Court of Appeals initially denied her petition. However, the Supreme Court reversed those decisions, ruling that the wife had successfully proven — through a preponderance of evidence — that her husband intentionally hid his sexual orientation before the marriage. The SC noted that Article 45 explicitly includes concealment of homosexuality as an act of fraud sufficient to annul a marriage, particularly when the couple did not continue living together after the deception was uncovered. In its decision, the Court pointed out that the man misled his wife into believing he was heterosexual and willing to fulfill the obligations of married life. 'With the lies and deception, coupled with their failure to cohabit as husband and wife, it is evident that [the man] merely tricked [the woman] to marry him,' the decision read. The Court further emphasized the significance of the man's confession and his silence throughout the proceedings. 'No woman would put herself in a shameful position if the fact that she married a homosexual was not true. More so, no man would keep silent when his sexuality is being questioned, thus creating disgrace in his name,' it added. The ruling, penned by Associate Justice Antonio Kho Jr., was promulgated in March 2025 and made public in July.
GMA Network
2 days ago
- GMA Network
Hiding homosexuality from spouse is fraud, ground for annulment — SC
The Supreme Court (SC) has annulled the marriage of a woman whose husband hid his homosexuality, ruling that hiding one's homosexuality in marriage may be a ground for annulment. "Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of a conjugal and family life," the SC Second Division said in an 8-page decision. "Thus, a marriage may be annulled when consent was obtained by fraud," it added. According to the court, the couple got together while the man was working in Saudi Arabia, a year after meeting each other on social media. He returned to the Philippines in 2012 for a vacation and they met in 2012. However, on their first date, the woman noticed that the man did not hold her hand or kiss her. He also avoided sitting beside her during meals or while commuting. In explanation for his behavior, the man said he was shy and lacked confidence. The SC said the couple had a long-distance relationship while the man was working in Saudi Arabia. However, after getting married, the SC said he continued to avoid intimacy and started arguments to avoid being close to her. He then returned overseas two months after the wedding and stopped communicating with his wife. In June 2015, the woman found magazines with half-naked and naked male models among her husband's things. The man admitted that he was homosexual when confronted, leading her to live with her parents. According to the SC, the woman then filed for annulment, claiming her consent to the marriage was based on fraud and she would not have married him if she knew. Both the regional trial court and the Court of Appeals denied her petition. For its part, the SC said the woman was able to prove by the evidentiary threshold of preponderance of evidence that the man concealed his homosexuality from her. It cited Article 45 of the Family Code, which states that a marriage can be annulled if one party's consent was obtained through fraud, as long as the couple did not continue living together after discovering fraud. The SC said Article 45 also further specifies that hiding one's homosexuality from a spouse is considered fraud. "With the lies and deception, coupled by their failure to cohabit as husband and wife, it is evident that [the man] merely tricked [the woman] to marry him by making her believe that he is a heterosexual," the SC said. The SC said it could not take lightly the man's admission and his silence. "No woman would put herself in a shameful position if the fact that she married a homosexual was not true. More so, no man would keep silent when his sexuality is being questioned thus creating disgrace in his name," it said. The decision, penned by Associate Justice Antonio Kho Jr., was promulgated in March and made public in July. — VDV, GMA Integrated News
The Wire
3 days ago
- Politics
- The Wire
The Future of Queer Rights in India and Why the Judiciary Must Play Catalyst
This is the full text of the speech delivered by Justice Sanjay Kishan Kaul on Saturday, July 12, at the launch of a report and recommendations by the Keshav Suri Foundation and the Vidhi Centre for Legal Policy titled 'Queering the Law: Beyond Supriyo' at The Lalit, Delhi. The document lists legal and policy solutions to help eliminate systemic discrimination, ensure recognition of queer relationships and families, and promote equal access to healthcare, safety education, and employment. The recommendations are based on legal research and community consultations across Delhi, Mumbai and Jaipur. § The Future of Queer Rights in India A very good evening to all gathered today! Mr Keshav Suri, Founder of the Keshav Suri Foundation (KSF), Dr. Jyotsna Suri, Chairperson and Managing Director, The Lalit Suri Hospitality Group, Senior Advocates Mr. Saurabh Kirpal, Ms. Menaka Guruswamy and Ms. Arundhati Katju, Dr. Arghya Sengupta and other members from the Vidhi Centre for Legal Policy and other esteemed panellists. At the outset I extend my congratulations to the entire Vidhi team in coming out with the public policy brief on ' Queering the Law: Beyond Suprio' assiduously prepared jointly by Vidhi and Keshav Suri Foundation (KSF). Vidhi, of course, has been doing commendable work across topical issues and its detailed recommendations are invariably well received and acknowledged. The Future of Queer Rights, assumes even more significance, not only because of the recent pronouncement of the Supreme Court in Supriyo, but also because it really is an issue that must be discussed with legislative reforms at the heart of such discussion coupled with a need for advocating change in societal perception. As I had opined in Supriyo, our Constitution contemplates a holistic understanding of equality, which applies to all spheres of life. The practice of equality necessitates acceptance and protection of individual choices. This endeavour not only requires judicial interpretation of existing statutes but also an attempt on the part of the legislature to consolidate and make necessary amendments to laws that remain archaic and rooted in a biased assignment of rights. The future of Queer Rights in India, as the Supreme Court had opined in Supriyo requires action in the realm of the legislature and the executive with a co-ordinated effort across various ministries and department. This is so because redressal is to take place across various aspects. Amendment to only civil laws relating to marriage, parenthood and inheritance and making them more inclusive would in my view be only the first step albeit significant. What is required perhaps is also a legislation on civil union. Vidhi, last year, had published what I believe to be a more contemporary rendition of a comprehensive Family Code. This could definitely form the basis of a framework to aid public deliberations on family laws in India. Cue may also be taken by the legislature while framing laws relating to civil union from those already enacted in foreign jurisdictions. For instance, the UK Civil Partnership Act which defines and provides for registration of civil unions or the Australian Family Law Act which states that two persons are in a relationship, if they are not married, not related to each other by family but have been in a relation with each other on a domestic basis. Vidhi's recommendations to the Committee constituted following the decision in Supriyo extensively cover these facets. Protection must also be afforded to such unions which are not ultimately registered but a relationship exists between two persons which could characterised as a civil union. Yet another hurdle to be crossed and surely an important consideration for any couple, would be parent-child relations and the law on this subject. Presently, parent-child relations are determined under an array of statutes – CARA Regulations for adoptions, Guardianship and Wards Act, Juvenile Justice Act, Surrogacy Act. Unfortunately, these legislations deem couples to mean only heterosexual couples. Reformation, amendment or introduction of new legislation is warranted here too. Gender-based discrimination and even bias against single parents must be written out of the statutes. In fact, in Supriyo, the minority view had noted that CARA regulations to the extent that unmarried couples could not adopt a child would disproportionately effect non-heterosexual couples since the State had not conferred legal recognition to the union of queer couples. Both the minority and majority, however, recognised that this area of the law required state intervention. A closely connected aspect would also be whether extant provisions which do not accord legitimacy to children of married couples as opposed to unmarried couples which, of course, would include non-heterosexual couples. There is a need for reworking this statutory scheme and move in-step with societal reality of the 21st century. An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure. In this regard, in my opinion in Supriyo, I had underscored the need for an umbrella anti-discrimination law, noting that: "There are several laws that have an anti-discrimination aspect to them. However, they are fragmented and may fail to capture the multitudinous forms of discrimination. Another compelling reason for a law that places a horizontal duty of anti-discrimination is provided by the spirit of Article 15, which prohibits discrimination by both the State and private actors." Furthermore, while anti-discrimination law do exist, they require courts to be: "...'sentinel on the qui vive', the only method to enforce this Constitutional right under Article 15 would be through its writ jurisdiction. There are significant challenges for marginalized communities to access this remedy. Therefore, the proliferation of remedies through an anti-discrimination statute can be a fitting solution. Such legislation would also be in furtherance of the positive duty of the State to secure social order and to promote justice and social welfare under Article 38 of the Constitution." Anti-discrimination law is ever more crucial in today's age where access to capital is sine qua non for say starting a business, buying a house or even otherwise bridging personal needs is wholly dependent on factors such as ease of availing loans or finances, opening bank accounts. Undoubtedly, there are barriers to access for LGBTQIA persons to even something as routine as opening a bank account which requires one to carry a document which conforms to gender identity. There is also a more deep-rooted societal bias, which compound inaccessibility to the financial system which is normally available to cis-gender or heteronormative individuals. This is naturally a significant handicap to the LGBTQIA community. On the whole, In my view, the future beckons a sanguine and more inclusive reality which requires a more concerted effort not only on the part of the judiciary and legislature but also the more pressing and urgent need for societal reformation. Dishearteningly, there still persists a stigma and sense of rejection for LGBTQIA persons, in particular, non-binary and transgender individuals. There is also, a degree of legislative inertia on the rights and entitlements of queer persons which risks prolonging the legal limbo for same-sex couples seeking marriage, adoption, or inheritance rights. A conservative attitude still persists across a large populace of the country which hinders acceptance. The Supriyo judgment is a nuanced milestone in India's queer rights journey. It affirms cohabitation and non-discrimination rights for LGBTQ individuals but defers to parliamentary wisdom. The minority's push for civil unions offers a potential middle ground, while the court's directives for a government committee signal incremental progress a chasm is required to be crossed which would only be successful through tempered judicial intervention, legislative progress and most importantly growing societal awareness. I believe, we are on a path of progressive recognition of rights of LGBTQIA persons. The Supreme Court's pronouncement in National Legal Services Authority v. Union of India recognized transgender individuals' right to self-identify their gender. The Transgender Persons (Protection of Rights) Act, 2019 codifies identification of gender but has several lacunae to be filled by the legislature. Societal perception plays a key role. A 2019 Pew survey found 37% of Indians supported homosexuality, up from 15% in 2013. Urban areas and younger generations show greater openness, but rural and conservative communities often remain hostile. The judiciary must perform the role of a catalyst. India's legislative landscape for LGBTQIA recognition has evolved, but significant gaps persist. The term 'queer' is not defined in Indian law, and asexual individuals are invisible in policy frameworks. In February 2025, the Ministry of Social Justice and Empowerment introduced certain administrative measures for queer couples, including access to ration cards, joint bank accounts, and the right to claim a partner's body in case of death (if no next of kin exists). These measures, prompted by the Supreme Court's Judgement in Supriyo are a step forward but remain limited, as they are not enshrined in statute and do not address comprehensive rights. I truly believe that the future is more promising than what is behind us and in the words of Harvey Milk, the first openly gay man to be elected to public office in California, 'Hope will never be silent'. Justice Sanjay Kishan Kaul retired as a Supreme Court judge in 2023.
AsiaOne
01-07-2025
- Politics
- AsiaOne
Cuba trans community sees glimmer of hope in proposed legislation, World News
HAVANA — Cuban transgender man Danny Ortiz has for years been stuck with his birth name "Daniela" — a name he does not want and that does not reflect his preference. This month, that may finally change. Cuban lawmakers are set to pass a landmark bill overhauling Cuba's civil registry in July that would allow trans people to officially change their name at will, eliminating bureaucratic hurdles that have long made the process difficult, if not impossible, for many. "I have plans to get married and have children," the 25-year-old, born female, told Reuters in an interview alongside his girlfriend, Nahomis Matos, shortly after she administered him a shot of testosterone. "But first I need to change my name." Trans people in Cuba interviewed by Reuters said they had previously been asked to provide, as evidence of the need for a name change, a sworn statement proving society already recognised the individual by their chosen new name, to have no criminal record, and even to present certificates from workshops or events in which the applicant participated under their preferred name. The bill, likely to be passed before month's end, would mark a major step towards legal recognition of the LGBTQ community on the Caribbean island. It follows the 2022 approval of Cuba's "Family Code", a law that greenlit same-sex marriage and adoption by gay couples, legislation widely hailed as a necessary step to combat long-held "machista" social mores. Fátima Abdulá Ruiz, legal advisor to Cenesex, a state-run organisation that advocates for the LGBTQ community, said the bill, if passed, would task her group with issuing an multidisciplinary opinion certifying the person's desire to change his or her sex in the civil registry. "(The bill) implements, for the first time, an expedited process," she said, calling the legislation "a step forward in the rights of trans people". Previously, officials required a court order or proof of having undergone genital surgery ahead of changing a person's sex in the civil registry. Cuban trans woman Mia Rochel Ramos — who was forced to give up a dream of becoming a nurse five years ago due to what she called "transphobia", said the new legislation offers hope. "The next generations will have it (easier)," Rochel told Reuters. While Cuba has long been hailed as the vanguard of Latin America's left, it had lagged behind regional neighbours on marriage equality, including Argentina, Brazil, Chile and Colombia, which moved more quickly in years past to approve gay marriage and other socially progressive reforms. [[nid:688355]]
The Star
30-06-2025
- Politics
- The Star
Cuba trans community sees glimmer of hope in proposed legislation
FILE PHOTO: A Cuban flag and a Pride rainbow flag symbolising gay rights are seen at the balcony of the apartment of same-sex couple Mercedes Garcia and Onelia Miranda in Havana, Cuba August 10, 2018. Picture taken August 10, 2018. REUTERS/Tomas Bravo/File Photo HAVANA (Reuters) -Cuban transgender man Danny Ortiz has for years been stuck with his birth name "Daniela" - a name he does not want and that does not reflect his preference. This month, that may finally change. Cuban lawmakers are set to pass a landmark bill overhauling Cuba's civil registry in July that would allow trans people to officially change their name at will, eliminating bureaucratic hurdles that have long made the process difficult, if not impossible, for many. "I have plans to get married and have children," the 25-year-old, born female, told Reuters in an interview alongside his girlfriend, Nahomis Matos, shortly after she administered him a shot of testosterone. "But first I need to change my name." Trans people in Cuba interviewed by Reuters said they had previously been asked to provide, as evidence of the need for a name change, a sworn statement proving society already recognized the individual by their chosen new name, to have no criminal record, and even to present certificates from workshops or events in which the applicant participated under their preferred name. The bill, likely to be passed before month's end, would mark a major step towards legal recognition of the LGBTQ community on the Caribbean island. It follows the 2022 approval of Cuba's "Family Code," a law that greenlit same-sex marriage and adoption by gay couples, legislation widely hailed as a necessary step to combat long-held "machista" social mores. Fátima Abdulá Ruiz, legal advisor to Cenesex, a state-run organization that advocates for the LGBTQ community, said the bill, if passed, would task her group with issuing an multidisciplinary opinion certifying the person's desire to change his or her sex in the civil registry. "(The bill) implements, for the first time, an expedited process," she said, calling the legislation "a step forward in the rights of trans people." Previously, officials required a court order or proof of having undergone genital surgery ahead of changing a person's sex in the civil registry. Cuban trans woman Mia Rochel Ramos - who was forced to give up a dream of becoming a nurse five years ago due to what she called "transphobia," said the new legislation offers hope. "The next generations will have it (easier)," Rochel told Reuters. While Cuba has long been hailed as the vanguard of Latin America's left, it had lagged behind regional neighbors on marriage equality, including Argentina, Brazil, Chile and Colombia, which moved more quickly in years past to approve gay marriage and other socially progressive reforms. (Reporting by Anett Rios and Alien Fernandez; Additional reporting by Nelson Acosta; Editing by Dave Sherwood and Daniel Wallis)
