Moot Memorial: Aligarh Muslim University Malappuram Centre 2020-2021

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1
ALIGARH MUSLIM UNIVERSITY

MALAPPURAM CENTRE
2020-2021
SUBJECT:HINDU LAW
MOOT MEMORIAL
SUBMITTED BY :
SADHVI SINGH
18BALLB33_A
Memorial on Behalf of Petitioner

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MOOT COURT
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM CENTRE, KERALA
BEFORE THE HON'BLE
SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. NO. .........../2021
PETITIONER .......................................................................................Reeta & Geeta and
Ors.
V.
RESPONDENT..................................................................................... Kutumb Samiti and
Ors.
UPON SUBMISSION TO THE HON'BLE CHIEF JUSTICE AND HIS LORDSHIPS
COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA

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TABLE OF CONTENTS
1. LIST OF ABBREVIATIONS..............................................................................3
2. INDEX OF AUTHORITIES...............................................................................4
3. STATEMENT OF FACTS...................................................................................5
4. STATEMENT OF JURISDICTION...................................................................6
5. STATEMENT OF ISSUES....................................................................................9
6. SUMMARY OF ARGUMENTS.......................................................................... 10
7. ARGUMENTS ADVANCED ............................................................................... 12
Issue 1: whether the term 'bride' under section 5 of the hindu marriage act, 1955 include
'transgender' or not? ................................................................................................... 12
Issue 2: whether this marriage is valid or not on the ground that the person is transgender and
does not comes into the ambit of the term 'bride' or 'bridegroom'?...................................... 15
Issue 3 : whether the marital right of transgender can be extended?............................ 18
8. PRAYER ...................................................................................................................21

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LIST OF ABBREVIATIONS
AIR ........................................................................................................All India Reporter
All. .........................................................................................................Allahabad
Anr. ........................................................................................................Another
HC ..........................................................................................................High Court
SC ...........................................................................................................Supreme Court
SCC .......................................................................................................Supreme Court Cases
SCR ........................................................................................................Supreme Court Reports
V. .............................................................................................................Versus
Hon'ble ................................................................................................... Honorable
Govt. ........................................................................................................Government
Ors. ...........................................................................................................Others
P. ...............................................................................................................Page
Para. ..........................................................................................................Paragraph
Sec. ...........................................................................................................Section
HMA......................................................................................................... Hindu Marriage Act
Art. ........................................................................................................... Article
Acc. ........................................................................................................ According
TG ..........................................................................................................Transgender

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INDEX OF AUTHORITIES
CASES:
1.NALSA V. Union of India -------------------------- (2014) 5 SCC 438.
2. Navtej Singh Johar v. Union of India ----------- (2018) 10 SCC 1.
3. Obergefell v. hodges ---------------------------------- 576 US (2015).
4. Shafin Jahan v. Ashokan K.M. and Ors. --------- (2018) 16 SCC 368.
5. Arun Kumar v. Inspector General of Registration ---- W.P. (MD) No. 4125 of 2019 and WMP
(MD) no. 3229 of 2019.
6. K.S. Puttaswamy v. Union of India -------------- (2017) 10 SCC 1.
STATUTES REFERRED
1. Constitution of India
2. Hindu Marriage Act, 1955.
3. Universal Declaration of Human Rights,1948.
4. The Transgender persons (Protection of Rights) Act,2019.
5. Yogyakarta Principles,2006
6. International Convenant on Civil and Political Rights,1966.
LINKS
manupatra.com

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highcourt.nic.in
supremecourtofindia.nic.in
indiankanoon.org
advocatekhoj.com
STATEMENT OF FACTS
1. Reeta and Geeta are transgender. Geeta had undergone sex-reassignment surgery (SRS) at the
age of nineteen. Reeta was born male however she identifies herself as a female. Both are thirty-
five years of age and work as office assistants in different corners of the city. Reeta and Geeta
live in Perinthalmanna with other transgender in a remote part of the city, and manage their
affairs through meager salaries and begging in the train which runs in between Nilambur &
Ernakulam.
2. Reeta was abandoned by her parents when she turned twelve and Geeta decided to run away
from her home, due to her effeminate behaviour and masculine identity she was unable to
understand her sexuality and being traumatized by the constant discrimination by her friends and
family. She was stopped from attending school after 9th standard although she was a bright
student and excelling in academics and sports.
3. Both found a safe refuge after encountering Laxmi, a renowned transgender in Perinthalmanna
area. She asked them to stay with her and made efforts to provide them a job using her contacts.

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Since then, Reeta and Geeta live together along with twenty other transgenders in their house
called Prakriti for the last 10 years.
4. Reeta and Geeta fall in love with each other over the course of time and used to go for movies,
parks, and restaurant and sometimes they go on vacation for spending quality time. They do
these acts discreetly without informing anyone. They had also made a plan to live together and
adopt a child.
5. Meanwhile, Geeta's family finds her where she was living, through some relatives who had
seen her in the vegetable market. Geeta's family searched her and decided to visit her. After
knowing this very fact that she had undergone sex-reassignment surgery and about her
relationship with Reeta,
they got provoked. Consequently a scuffle brock out between Geeta's friends and family, and
they further threatened Reeta & Geeta with dire consequences. Shocked by this development,
both became cautious and decided to get married and to move from there as early as possible.
6. Reeta‟s uncle Shyamu used to visit Reeta‟s parents regularly and took a keen interest on
Reeta‟s wellbeing. When Reeta was abandoned, she stayed with Shyamu for few years and
continued to remain in touch with him. It was only in October 2019, Reeta told Shyamu about
Geeta and their plan to get married and live together as couple. Shyamu was surprised on this
new development but being a well-wisher, wanted to help her out. After hearing about the
scuffle, Shyamu went along with Reeta to the Perinthalmanna Police Station to seek protection
for Reeta and Geeta both, if they were to encounter any danger.

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7. Two weeks after the incident, Reeta and Geeta along with their friends met at the Guruvayur
temple and got married with Hindu rituals & customs. As soon as marriage photos became viral,
a pro binary gender family organization called "Kutumba Samiti" began to harass and threaten
the newlywed couple that they are violating the institution of marriage as they claimed that trans-
genders cannot tie the Mangalasutra. Kutumba Samiti also put out an advertisement in the
newspaper about the sanctity and importance of Hindu Marriage.
8. Further Kutumb Samiti approached to the High Court of Kerala for nullification of marriage.
After hearing the matter the Court held “while the marriage was solemnized according to Hindu
rituals & customs therefore we cannot nullify marriage solely on those grounds, but the law
defines marriage between two Hindus where "bridegroom" has completed the age of twenty one
years and the “bride” the age of eighteen years at the time of marriage. Even if we include trans-
genders within the ambit of "bride", the definition of , Bridegroom (the man)‟ cannot be
changed. On these very grounds, we declare the marriage invalid.”
9. Kutumba Samiti celebrated the verdict. Aggrieved by the judgment, Reeta and Geeta decided
to go in appeal before the Supreme Court. Therefore along with other transgender organizations
in the country, they approached to the Supreme Court of India to validate their marriage, extend
marital rights and to quash the judgment of the Kerala high court.

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STATEMENT OF JURISDICTION
The Hon’ble Supreme Court of India has the jurisdiction in this matter under Article 136 of the
Constitution of India as follows:
136. Special leave to appeal by the Supreme Court -
(1) Notwithstanding anything in this chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in any cause
or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or
made by any court or tribunal constituted by or under any law relating to the Armed forces.

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The Supreme Court has a jurisdiction to entertain and hear appeals by granting special leave
against any kind of judgment or order made by any Court or Tribunal in any proceedings and the
exercise of this power is left entirely to the discretion of the Supreme Court
The present memorandum sets forth the facts, contentions and arguments in the present case.
STATEMENT OF ISSUES
ISSUE 1: WHETHER THE TERM 'BRIDE' UNDER SECTION 5 OF THE HINDU
MARRIAGE ACT, 1955 INCLUDE 'TRANSGENDER' OR NOT?
ISSUE 2: WHETHER THIS MARRIAGE IS VALID OR NOT ON THE GROUND
THAT THE PERSON IS TRANSGENDER AND DOES NOT COMES INTO THE
AMBIT OF THE TERM 'BRIDE' OR 'BRIDEGROOM'?
ISSUE 3 : WHETHER THE MARITAL RIGHT OF TRANSGENDER CAN BE
EXTENDED?

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SUMMARY OF ARGUMENTS
It is humbly submitted before this Hon'ble Court that the , No status, such as marriage or
parenthood, may be invoked as such to prevent the legal recognition of a person’s gender
identity. 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. 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.
ISSUE : 2 WHETHER THIS MARRIAGE IS VALID OR NOT ON THE GROUND
AMBIT OF THE TERM 'BRIDE' OR 'BRIDEFROOM'?
It is humbly submitted before this Hon'ble Court that the petitoner has a right to choose his
gender identity as integral to the right to lead a life with dignity, which is undoubtedly
guaranteed by Article 21 of the Constitution of India. Transgender persons may be afforded the
right of choice to determine whether to opt for male, female or transgender classification.
Transgender is generally described as an umbrella term for persons whose gender identity,
gender expression or behavior does not conform to their biological sex. TG also includes persons
who intend to undergo Sex Re- Assignment Surgery (SRS) or have undergone SRS to align their
biological sex with their gender identity in order to become male or female.

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EXTENDED?
It is humbly submitted before this Hon'ble Court that the marital right of transgender can be
extended because the transgender have the right to marry so they also have the right to
inheritance,
maintence, property by which their marital rights can be extended and everyone has the right to
recognition everywhere as a person before the law. Persons of diverse sexual orientations and
gender identities shall enjoy legal capacity in all aspects of life. Each person’s self- defined
sexual orientation and gender identity is integral to their personality and is one of the most basic
aspects of self- determination, dignity and freedom. No one shall be subjected to pressure to
conceal, suppress or deny their sexual orientation or gender identity. Recognizing the
Transgender community’s right to marry will lay the foundation for granting them the rights of
succession, inheritance and adoption which are vital aspects of Hindu personal law. The judicial
understanding of the term “Hindu joint family” and the “coparcenary model of inheritance” and
sapindaship can be interpreted to include transgender only when their initial right to marry is
recognized.

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ARGUMENTS ADVANCED
1. It is humbly submitted before this Hon'ble Court that the traumatic experiences faced by the
members of the TG community and submitted that every person of that community has a legal
right to decide their sex orientation and to espouse and determine their identity. The expression
“bride” occurring in Sec. 5 of the Hindu Marriage Act, 1955 cannot have a static or immutable
meaning. As noted in Justice G.P. Singh's Principles of Statutory Interpretation, the court is free
to apply the current meaning of a statute to present day conditions. A statute must be interpreted
in the light of the legal system as it exists today. Article 16 of the Universal Declaration of
Human Rights reads as under :
“Article 16(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2)Marriage shall be entered into only with the free and full consent of the intending spouses.
(3)The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.”

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In Shafin Jahan v. Ashokan K.M. and Ors.1 the right to marry a person of one's choice was
held to be integral to Article 21of the Constitution of India.
2. In Justice K.S. Puttaswamy v. Union of India2 , the Hon'ble Supreme Court after referring to
the legal position obtaining in USA, held as follows :In Obergefell v. Hodges3, the Court held in
a 5:4 decision that the fundamental right to marry is guaranteed to same-sex couples by bo the
Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Justice
Kennedy authored the majority opinion (joined by Justices Ginsburg, Breyer, Sotamayor and
Kagan):
Indeed, the Court has noted it would be contradictory to recognize a right of privacy with respect
to other matters of family life and not with respect to the decision to enter the relationship that is
the foundation of the family in our society.”
3. The expression “bride' occurring in Section 5 of the Hindu Marriage Act, 1955 will have to
include within its meaning not only a woman but also a transwoman. It would also include an
intersex person/transgender person who identifies herself as a woman. The only consideration is
how the person perceives herself.
The Hon'ble Supreme Court in N.A.L.S.A Case noted that the existence of a third category
outside the male - female binary has been recognised in the indigenous Hindu tradition.
HISTORICAL BACKGROUND OF TRANSGENDERS IN INDIA
1
(2018) 16 SCC 368
2
(2017) 10 SCC 1
3
576 US (2015)

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4. TG Community comprises of Hijras, eunuchs, Kothis, Aravanis, Jogappas, Shiv-Shakthis etc.
and they, as a group, have got a strong historical presence in our country in the Hindu mythology
and other religious texts. The Concept of tritiya prakrti or napunsaka has also been an integral
part of vedic and puranic literatures. The word ‘napunsaka’ has been used to denote absence of
procreative capability.
5. Lord Rama, in the epic Ramayana, was leaving for the forest upon being banished from the
kingdom for 14 years, turns around to his followers and asks all the ‘men and women’ to return
to the city. Among his followers, the hijras alone do not feel bound by this direction and decide
to stay with him. Impressed with their devotion, Rama sanctions them the power to confer
blessings on people on auspicious occasions like childbirth and marriage, and also at inaugural
functions which, it is believed set the stage for the custom of badhai in which hijras sing, dance
and confer blessings.
6. Aravan, the son of Arjuna and Nagakanya in Mahabharata, offers to be sacrificed to Goddess
Kali to ensure the victory of the Pandavas in the Kurukshetra war, the only condition that he
made was to spend the last night of his life in matrimony. Since no woman was willing to marry
one who was doomed to be killed, Krishna assumes the form of a beautiful woman called Mohini
and marries him. The Hijras of Tamil Nadu consider Aravan their progenitor and call themselves
Aravanis.

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7. In the decision reported in National Legal Services Authority vs. Union of India4, the
Hon'ble Supreme Court upheld the transgender persons' right to decide their self identified
gender. The central and State governments were directed to grant legal recognition of their
gender identity such as male, female or third gender. This path breaking judgment has been cited
with approval in the Nine Judges Bench of the Hon'ble Supreme Court in the decision reported in
Justice K.S. Puttaswamy vs. Union of India and again by the Constitution Bench in the
decision reported in Navtej Singh Johar vs. Union of India5.
8. Gender identity is one of the most-fundamental aspects of life which refers to a person’s
intrinsic sense of being male, female or transgender or transsexual person. A person’s sex is
usually assigned at birth, but a relatively small group of persons may born with bodies which
incorporate both or certain aspects of both male and female physiology. At times, genital
anatomy problems may arise in certain persons, their innate perception of themselves, is not in
conformity with the sex assigned to them at birth and may include pre and post-operative
transsexual persons and also persons who do not choose to undergo or do not have access to
operation and also include persons who cannot undergo successful operation. Gender identity
refers to each person’s deeply felt internal and individual experience of gender, which may or
may not correspond with the sex assigned at birth, including the personal sense of the body
which may involve a freely chosen, modification of bodily appearance or functions by medical,
surgical or other means and other expressions of gender, including dress, speech and
mannerisms. Gender identity, therefore, refers to an individual’s self-identification as a man,
woman, transgender or other identified category.
4
(2014) 5 SCC 438
5
(2018) 10 SCC 1

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ISSUE : 2 WHETHER THIS MARRIAGE IS VALID OR NOT ON THE GROUND
AMBIT OF THE TERM 'BRIDE' OR 'BRIDEFROOM'?
9. It is humbly submitted before this Hon'ble Court that this marrriage is valid irrespective of that
the person is transgender and does not comes into the ambit of the term 'bride' or 'bridegroom'
because in NALSA Case also, the right of the transgender person to marry was recognised.
Therefore, gender identification becomes very essential component which is required for
enjoying civil rights by this community. It is only with this recognition that many rights attached
to the sexual recognition as 'third gender' would be available to this community more
meaningfully viz. the right to vote, the right to own property, the right to marry, the right to
claim a formal identity through a passport and a ration card, a driver's license, the right to
education, employment, health so on. The Gender identification of TG is now protected under
the statute of THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
wherein, Sec. 4. (1) A transgender person shall have a right to be recognised as such, in
accordance with the provisions of this Act.
(2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived
gender identity.6
10. Sex and gender are not one and the same. A person's sex is biologically determined at the
time of birth. Not so in the case of gender. That is why after making an exhaustive reference to
the
6
Sec. 4 - The Transgender Persons (Protection of Rights) Act, 2019

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human rights jurisprudence worldwide in this regard, the Hon'ble Supreme Court held that
Article 14 of the Constitution of India which affirms that the State shall not deny to “any person”
equality before the law or the equal protection of the laws within the territory of India7 would
apply to transgenders also. Transgender persons who are neither male/female fall within the
expression “person” and hence entitled to legal protection of laws in all spheres of State activity
as enjoyed by any other citizen of this country. Discrimination on the ground of sexual
orientation or gender identity, therefore, impairs equality before law and equal protection of law
and violates Article 14 of the Constitution of India. Article 19(1)(a) and Article 21were
expansively intrepreted so as to encompass one's gender identity also.
11. Recognition of one's gender identity lies at the heart of the fundamental right to dignity.
Gender, as already indicated, constitutes the core of one's sense of being as well as an integral
part of a person's identity. Legal recognition of gender identity is, therefore, part of right to
dignity and freedom guaranteed under our Constitution.
12. Their right to practice Hindu Religion is recognised under Article 25 of the Constitution of
India. The Hindu Marriage Act is a personal law of the Hindus. When the right of the
transgender persons to marry has been upheld by the Hon'ble Supreme Court in the case of
NALSA v. Union of India , in the very nature of things, they cannot be kept out of the purview
of the Hindu Marriage Act . One can have a civil marriage. One can also have a sacramental
marriage. The petitioner marriage was solemnized in a temple. Therefore, their fundamental right
under Article 25 has also been infringed in this case.
7
Art. 14 - Constitution of India

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13. Transgender is generally described as an umbrella term for persons whose gender identity,
gender expression or behavior does not conform to their biological sex. TG may also takes in
persons who do not identify with their sex assigned at birth. TG also includes persons who intend
to undergo Sex Re- Assignment Surgery (SRS) or have undergone SRS to align their biological
sex with their gender identity in order to become male or female. They are generally called
transsexual persons. Further, there are persons who like to cross-dress in clothing of opposite
gender, i.e transvestites. Resultantly, the term “transgender”, in contemporary usage, has become
an umbrella term that is used to describe a wide range of identities and experiences, including
but not limited to pre-operative, post-operative and non-operative transsexual people, who
strongly identify with the gender opposite to their biological sex; male and female.
14. Sexual orientation includes transgender and gender-variant people with heavy sexual
orientation and their sexual orientation may or may not change during or after gender
transmission, which also includes homo-sexuals, bysexuals, heterosexuals, asexual etc. Gender
identity and sexual orientation, as already indicated, are different concepts. Each person’s self-
defined sexual orientation and gender identity is integral to their personality and is one of the
most basic aspects of self-determination, dignity and freedom and no one shall be forced to
undergo medical procedures, including SRS, sterilization or hormonal therapy, as a requirement
for legal recognition of their gender identity.
EXTENDED?

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15. It is humbly submitted before this Hon'ble Court that the marital right of transgender can be
extended .Transgender community’s right to marry will lay the foundation for granting them the
rights of succession, inheritance and adoption which are vital aspects of Hindu personal law and
the SC in his decision of NALSA v. Union of India gave Transgender community’s right to
marry and this right grant them to extend their marital rights and obligations and their marital
rights are not confined.
16. The various International Forums and U.N. Bodies have recognized their gender identity and
referred to the Yogyakarta Principles and pointed out that those principles have been recognized
by various countries around the world. Yogyakarta Principles address a broad range of human
rights standards and their application to issues of sexual orientation gender identity. Reference to
few Yogyakarta Principles would be useful.
YOGYAKARTA PRINCIPLES:
Principle 1 which deals with the right to the universal enjoyment of human rights, reads as
follows :-
The Right to the universal enjoyment of human rights :
All human beings are born free and equal in dignity and rights. Human beings of all sexual
orientations and gender identities are entitled to the full enjoyment of all human rights.
States shall:

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A. Embody the principles of the universality, interrelatedness, interdependence and indivisibility
of all human rights in their national constitutions or other appropriate legislation and ensure the
practical realisation of the universal enjoyment of all human rights;
B. Amend any legislation, including criminal law, to ensure its consistency with the universal
enjoyment of all human rights;
C. Undertake programmes of education and awareness to promote and enhance the full
enjoyment of all human rights by all persons, irrespective of sexual orientation or gender
identity;
D. Integrate within State policy and decision-making a pluralistic approach that recognises and
affirms the interrelatedness and indivisibility of all aspects of human identity including sexual
orientation and gender identity.8
Reference was also made to few legislations giving recognition to the trans-sexual persons in
other countries and the non-recognition of gender identity of the transgender community violates
the fundamental rights guaranteed to them, who are citizens of this country.
UNITED NATIONS AND OTHER HUMARN RIGHTS BODIES - ON GENDER IDENTITY
AND SEXUAL ORIENTATION.
8
Principle 1 - Yogyakarta Principles, 2006

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17. United Nations has been instrumental in advocating the protection and promotion of rights
of sexual minorities, including transgender persons. Article 6 of the Universal Declaration of
Human Rights, 1948 and Article 16 of the International Covenant on Civil and Political Rights,
1966 (ICCPR) recognize that every human being has the inherent right to live and this right shall
be protected by law and that no one shall be arbitrarily denied of that right. Everyone shall have
a right to recognition, everywhere as a person before the law. Article 17 of the ICCPR states that
no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation and that everyone has the
right to protection of law against such interference or attacks. International Commission of
Jurists and the International Service for Human Rights on behalf of a coalition of human rights
organizations, took a project to develop a set of international legal principles on the application
of international law to human rights violations based on sexual orientation and sexual identity to
bring greater clarity and coherence to State’s human rights obligations.
18. The rights of TGs in the constitutional context, we find that in order to bring about complete
paradigm shift, law has to play more pre-dominant role. As TGs in India, are neither male nor
female, treating them as belonging to either of the aforesaid categories, is the denial of these
constitutional rights. It is the denial of social justice which in turn has the effect of denying
political and economic justice. In the process, the society as well as law, has completely ignored
the basic human right of TGs to give them their appropriate sex categorization. Up to now, they
have either been treated as male or female. This is not only improper as it is far from truth, but
indignified to these TGs and violates their human rights.

Pg. 23
19. Therefore, gender identification becomes very essential component which is required for
enjoying civil rights by this community. It is only with this recognition that many rights attached
to the sexual recognition as ‘third gender’ would be available to this community more
meaningfully viz. the right to vote, the right to own property, the right to marry, the right to
claim a formal identity through a passport and a ration card, a driver’s license, the right to
education, employment, health so on.

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PRAYER
It is hereinafter most humbly prayed before this Hon'ble Supreme Court of India that in the light
of issues raised, arguments advanced, authorities cited and pleadings made the Hon'ble court
may be pleased to;
1. Grant the special leave petition under Article 136 of Indian Constitution.
2. The marriage is validated under the ambit of Hindu marriage Act,1955.
3. Quash the judgment of the Hon'ble Kerala High Court.
4. The marital rights of the petitioner should be extended.
and other just and equitable order may be passed in the favor of the petitioner.
AND/OR
Pass any other order that it deems fit in the interest of justice, Equity and Good conscience.

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ALIGARH MUSLIM UNIVERSITY

Memorial on Behalf of Petitioner

ALIGARH MUSLIM UNIVERSITY, MALAPPURAM CENTRE, KERALA

BEFORE THE HON'BLE

SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION

(Under Article 136 of the Constitution of India)

S.L.P. (Civil) No. NO. .........../2021

PETITIONER .......................................................................................Reeta & Geeta and

RESPONDENT..................................................................................... Kutumb Samiti and

UPON SUBMISSION TO THE HON'BLE CHIEF JUSTICE AND HIS LORDSHIPS

COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA

Memorial on Behalf of Petitioner

7. ARGUMENTS ADVANCED ............................................................................... 12

'transgender' or not? ................................................................................................... 12

Issue 3 : whether the marital right of transgender can be extended?............................ 18

Memorial on Behalf of Petitioner

AIR ........................................................................................................All India Reporter

SCC .......................................................................................................Supreme Court Cases

SCR ........................................................................................................Supreme Court Reports

Hon'ble ................................................................................................... Honorable

HMA......................................................................................................... Hindu Marriage Act

Art. ........................................................................................................... Article

Acc. ........................................................................................................ According

Memorial on Behalf of Petitioner

1.NALSA V. Union of India -------------------------- (2014) 5 SCC 438.

2. Navtej Singh Johar v. Union of India ----------- (2018) 10 SCC 1.

3. Obergefell v. hodges ---------------------------------- 576 US (2015).

(MD) no. 3229 of 2019.

6. K.S. Puttaswamy v. Union of India -------------- (2017) 10 SCC 1.

2. Hindu Marriage Act, 1955.

3. Universal Declaration of Human Rights,1948.

4. The Transgender persons (Protection of Rights) Act,2019.

6. International Convenant on Civil and Political Rights,1966.

Memorial on Behalf of Petitioner

student and excelling in academics and sports.

Memorial on Behalf of Petitioner

called Prakriti for the last 10 years.

relationship with Reeta,

Memorial on Behalf of Petitioner

newspaper about the sanctity and importance of Hindu Marriage.

changed. On these very grounds, we declare the marriage invalid.”

Memorial on Behalf of Petitioner

Constitution of India as follows:

136. Special leave to appeal by the Supreme Court -

or matter passed or made by any court or tribunal in the territory of India.

Memorial on Behalf of Petitioner

ISSUE 1: WHETHER THE TERM 'BRIDE' UNDER SECTION 5 OF THE HINDU

MARRIAGE ACT, 1955 INCLUDE 'TRANSGENDER' OR NOT?

ISSUE 2: WHETHER THIS MARRIAGE IS VALID OR NOT ON THE GROUND

AMBIT OF THE TERM 'BRIDE' OR 'BRIDEGROOM'?

ISSUE 3 : WHETHER THE MARITAL RIGHT OF TRANSGENDER CAN BE

Memorial on Behalf of Petitioner

ISSUE 1: WHETHER THE TERM 'BRIDE' UNDER SECTION 5 OF THE HINDU

MARRIAGE ACT, 1955 INCLUDE 'TRANSGENDER' OR NOT?

but also love in the heart.

ISSUE : 2 WHETHER THIS MARRIAGE IS VALID OR NOT ON THE GROUND

AMBIT OF THE TERM 'BRIDE' OR 'BRIDEFROOM'?

Memorial on Behalf of Petitioner

ISSUE 3 : WHETHER THE MARITAL RIGHT OF TRANSGENDER CAN BE

Memorial on Behalf of Petitioner