IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 26921 OF 2025

03.03.2026 Between:

Dr. M & another ….. Petitioners And The Union of India, Rep. by its Secretary, Ministry of Health & Family Welfare (MoHFW)

& another ….. Respondents

O R D E R:

The Hindu marriage (Sanskrit: िववाह romanized:

Vivaha lit 'Marriage') is the most important of all the samskaras, the rites of passage described in the Dharmashastra texts. Variously defined, it is generally described to be a social institution for the establishment and regulation of a proper relationship between the sexes, as stated by ‘Manu’. Marriage is regarded to be a sacrament by Hindus, rather than a form of social contract, since they believe that all men and women are created to be parents, and practise dharma together, as ordained by the Vedas.

1.1. For centuries, marriage in India has been more than just a union between two individuals; it has been a cornerstone of society, deeply rooted in tradition and scripture. While arranged marriages are often seen as the typical form of matrimony in India, historical texts reveal a far more nuanced picture.

1.2. Conception:

The ideal conception of marriage that was laid down by the ancient Indians is one in which it is a ceremonial gift of a bride (Vadhů) by her father, or another appropriate family member, to a bride-groom (Vara), so that they may fulfil the purposes of human existence together. In such a conception, vivaha, which originally meant the wedding ceremony, but has to acquire the definition of marriage as a whole, is meant for procreation, and the establishment of a family (kutumba). After one's wedding, one is believed to have entered the second stage of life, the grihastha ashrama, performing the duties of a householder. 1.3. Goals:

In Hinduism, the four goals of life (Purusarthas) are regarded to be righteousness (dharma), wealth (artha), pleasure (kama), and liberation (moksha). Marriage is generally not considered necessary to fulfil these goals because following righteousness (dharma) applies to a person since birth and wealth (artha) and liberation (moksha) are again one's personal goal as dharma and need not to be aligned with marriage as they can be practiced with or without it. The three goals of marriage include allowing a husband and a wife to fulfil their dharma, bearing progeny (praja), and experiencing pleasure (rati). Sexual intercourse between a husband and wife is regarded to be important in order to produce children, but is the least desirable purpose of marriage in traditional Hindu schools of thought. 1.4. Age:

The Naradasmrti states a daughter should be given away for once and all, as soon as her menses appear. The Manusmriti states that following menarche, a maiden may wait for three years, after which she may marry. Girls are usually considered to have achieved puberty when they are 12 years old, and are allowed to choose their own husbands if a suitable groom is not procured for them.

1.5. There are several types of marriages in Hindu religion.

Brahma vivah (The Divine Marriage):

Brahma marriage is the most pious and ideal form of marriage. In this form, parents of the bride choose a groom for the girl based on his goodness, education and good character. The marriage is conducted with Vedic ceremonies, and there is no dowry exchange. The father of the bride gives his daughter as a gift to the bridegroom who is a learned and virtuous person. This type of marriage stresses dharma, duty and honor, which forms the basis for a stable, fulfilling and happy married life. In modern Hindu society, the practice of arranged marriages is mainly based on Brahma marriage norms, with special emphasis on the acceptance of both families and being compatible.

Apatyam Children O Lord of the home, best finder of riches for our children are you. Grant to us splendor and strength, O Master of our home.

---- Sukla Yajur Veda 3.39. ve, 343

1.6. What is the Fulfilment of a