On January 2, the Supreme Court's division bench, comprised of Chief Justice DY Chandrachud and Justice PS Narasimha, stated that on January 6th, it would list two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage in India.

Advocate Karuna Nundy stated that the petitions relating to same-sex marriage will be listed on January 6 and requested that the transfer petitions be listed alongside them on the same date-"This is a matter that concerns same sex and queer marriage. There are similar matters pending in Delhi and Kerala High Courts. Hence this transfer petition."

The Supreme Court had previously issued notice in a batch of petitions seeking same-sex marriage recognition in India. Supriyo Chakraborty and Abhay Dang filed a PIL as part of the batch. They've been together for almost ten years and recently had a commitment ceremony in December 2021, where their parents, family, and friends blessed their relationship. They are now requesting that their marriage be recognised under the Special Marriage Act. Parth Phiroze Mehrotra and Uday Raj Anand, who have been in a relationship for 17 years, have also filed a PIL in this batch. They claim that they are currently raising two children together, but because they cannot legally solemnise their marriage, both Petitioners are unable to have a legal relationship of parent and child with both of their children. Another same-sex couple, an Indian national and a Citizen of the United States of America (USA), who married and registered their marriage in the USA in 2014 and now seek to register their marriage under the Foreign Marriage Act, 1969, filed a PIL.

On December 14, 2022, the Supreme Court issued notice in the transfer petitions mentioned.