1. Rani and Roopa are transgenders. Roopa had undergone sex-reassignment surgery at the age of 19.

Rani was born male however she identifies as a woman. Both are 35 years and work as office assistants in
different corners of the city. Rani and Roopa live in Kutturu with other transgenders in a remote part and
manage their affairs through meager salaries and begging.

2. Rani was abandoned by her parents when she turned 12 and Roopa decided to run away from home,
unable to understand her sexuality and being traumatized by the constant discrimination she faced by her
friends and family due to her effeminate behavior and the pressure of conformity to masculine identity.
She was stopped from attending school after 9th standard although she was a bright student excelling in
academics and sports.

3. They both found a safe refuge after encountering Lakhi, a renowned transgender in Kutturu. She asked
them to stay with her and made efforts to provide them jobs using her contacts. Since that accidental
meeting, Rani and Roopa live with 20 other transgenders in their house called Aasare for the last 10 years.

4. Rani and Roopa fell in love over the course of time and visit movie halls, parks and sometimes go on a
vacation after saving some money. They do this discreetly without informing anybody. They had also
made plans to live together and raise a child. Meanwhile, Roopa's family finds where she is living through
some relatives who had seen Roopa at a vegetable market. Roopa's family search for her, find her place
and decide to visit her only to be shocked to find her transitioned and the knowledge about her
relationship with Rani only further angered them. After a scuffle between Roopa's friends and family, the
family decides to leave but only after delivering threats towards both Rani and Roopa. Shocked by the
events, both Rani and Roopa become cautious and decide to get married and try to move places as soon as
possible.

5. Rani’s uncle Ravi used to visit Rani’s parents regularly and took a keen interest on Rani’s wellbeing.
When Rani was abandoned, she stayed with Ravi for a few years and continued to remain in touch after
she decided to live by herself. It was only in October that Rani told Ravi of Roopa and their plans to get
married and live together as a couple. Ravi was surprised at this new development but being a well-
wisher, wanted to help her out. He had called her to meet for lunch on the same day Roopa’s parents
visited Rani. After hearing about the scuffle, Ravi went with Rani to a police station near his house to
seek protection for Rani and Roopa in case they were to encounter any danger.

6. Two weeks after the events with Roopa's family, Rani and Roopa along with their friends met at the
Maramma temple in Rishigiri and in line with Hindu customs got married. As soon as marriage photos
became public, a pro binary gender family organization called ‘Kutumba Samsthe’ began to harass and
threaten the newlyweds that they are violating the institution of marriage and transgenders cannot tie the
mangalasutra. Kutumba Samsthe, also put out an advertisement in the newspaper about the sanctity and
importance of marriage being diluted and withered away by marriage between transgenders.

7. They approached the High Court of Kataka for nullification of marriage. The reasoning of the court
was as follows “while the marriage was done according to Hindu customs and we cannot nullify marriage
on those grounds, the law defines marriage between a man and a ‘bride’. Even if we include transgenders
within the ambit of ‘bride’, the definition of ‘man’ cannot be changed or contested. On these grounds, we
declare the marriage invalid.”

8. While Kutumba Samsthe celebrated the verdict, Rani and Roopa were aggrieved and decided to go on
appeal. Along with other transgender organizations in the country, they approached the Supreme Court of
Hindya to recognize their marriage and extend marital rights.

The Supreme Court of Hindya admitted the petition framing the following issues;

1. Whether the definition of Marriage under the Hindu Marriage Act, 1955 implies only for a marriage
between male and female .
2. Do the transgenders have the right to marry and have a family ?
3. Are the transgenders entitled to beget children and maintenance ?