Marriage between man and transgender valid says Madras HC in pathbreaking verdict
New Delhi, Apr 24: The Madras High Court has held that a marriage solemnised between a man and transgender is valid. The court also said that the authorities should register such a marriage.
The Madurai Bench of the high court held that the marriage between Arun Kumar and Srija, a trans woman was valid under Section 5 of the Hindu Marriage Act of 1955. The court said that it was not breaking any major ground, but was only stating the obvious.
At times to see the obvious, one needs not only physical vision in the eye, but also live in the heart, Justice R Swaminathan held. He further ruled that any marriage between a man and transwoman both professing the Hindu religion is a valid marriage and that the registrar of marriages is bound to register it.
The couple was seeking a directive to the authorities to register the marriage, which was solemnised at the Arulmigu Sankara Rameswara temple in Tuticorin on October 31 2018.
While delivering the verdict, the judge also made references to Tamil films like Peranbu and Super Deluxe which dealt with issued being faced by the third gender.