Despite Court ruling, officials refuse to register Transwoman’s Marriage

Despite a 2019 Court ruling that legalised marriages between a transwoman & a heterosexual Man, the Sub-Registrar’s Office at Vadavalli in Coimbatore has denied the marriage registration of a couple from Narasimhanaickenpalayam, forcing them to approach the District Registrar’s Office.

S. Sureka, a 24-year-old transwoman & R. Manikandan, a 25-year-old auto-rickshaw driver had applied online to register their marriage on Jan 22. However, the Vadavalli Sub-Registrar’s Office rejected the application, citing the Hindu Marriage Act. “The word Bride as found in Section 5(iii) [of the Hindu Marriage Act] literally means as a woman who has just married or is going to be married. The word Transgender finds no place in the Act [sic],” the reply from the Vadavalli Sub-Registrar’s Office said.

Ms Sureka alleged the couple had attached all the required documents with the application. Mr Manikandan said the marriage has taken place on Feb 14, 2018, at a temple in Kavundampalayam & added that the couple has been attempting to register their marriage ever since. “There was no response [from District Registrar Office] so far,” he said.

P.P. Sivkumar, the couple’s counsel, who accompanied them on Monday to submit the plea, pointed out that despite the Court order, the computer software used for registration at Sub-Registrar Offices recognises only ‘male’ & ‘female’ categories & not ‘transgender’. The solution to this issue would be the State Govt issuing a Govt.order (G.O.) legalising marriages of transwomen to men, he said.

Mr Sivkumar noted the judgment of the Madurai Bench of Madras High Court in April 2019, which said that a marriage between a transwoman & a male is valid under the Hindu Marriages Act.

An official from the Vadavalli Sub-Registrar Office told The Hindu that they have “clearly stated” the reasons for rejecting the marriage registration in their reply to the couple. “If they have any doubts regarding this order, they can only file an appeal at the District Registar Office,” the official said.

Transgender activist Kalki Subramaniam described this incident as “very contemptible” & said it displays the “ignorance” of officials. “For trans-people, creating a family is a big challenge,” she said. S. Delfina of NGO Nirangal Charitable Trust that works for the welfare of sexual minorities, said any transperson “who self-identifies as a woman” has the right to marry a male & the marriage will be valid, according to the 2019 verdict.

Officials at the District Registrar Office said suitable action will be taken on the petition, refusing to comment further.

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