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2019 Supreme(Mad) 759

G.R.SWAMINATHAN
Arunkumar – Appellant
Versus
Inspector General of Registration, Chennai – Respondent


Advocates Appeared:
For the Petitioners:Sivasankari, M. Krishnaveni, Advocates.
For the Respondents:M. Murugan, Government Advocate.

JUDGMENT :

1. A marriage solemnized between a male and a transwoman, both professing Hindu religion, is a valid marriage in terms of Section 5 of the Hindu Marriage Act, 1955 and the Registrar of Marriages is bound to register the same. By holding so, this Court is not breaking any new ground. It is merely stating the obvious. Sometimes to see the obvious, one needs not only physical vision in the eye but also love in the heart.

2. Let us start with the facts first. The first petitioner Shri. Arunkumar got married to the second petitioner Ms. Srija on 31.10.2018 at Arulmighu Sankara Rameswara Temple, Tuticorin as per Hindu rites and customs. The village administrative officer has certified that this marriage was in fact performed and that it was not a bigamous one for either. The temple authorities though permitted the performance of the marriage declined to vouch for it. When the parties submitted a memorandum for registration of marriage under Rule 5 (1) (a) of the Tamil Nadu Registration of Marriages Rules in Form I before the third respondent, the third respondent refused to register the same. Questioning the said decision taken by the third respondent vide proceedings dated 16.1

































































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