Transgender person becoming woman after surgery can seek relief under DV Act: HC

A transgender person who chooses to be a woman by undergoing gender reassignment surgery can seek relief under the Domestic Violence Act the Bombay High Court has ruled upholding a lower court order directing a man to pay maintenance to his estranged wife who was initially a transgender personA single bench of Justice Amit Borkar in the order of March 16 a copy of which was available on Friday said the word woman is no more limited to the binary of women and men and also includes transgender persons who have changed their sex in tune with how they identify themselvesJustice Borkar noted that section 2f of the DV Act that defines a domestic relationship is gender neutral and hence includes persons irrespective of their sexual preferencesThere is no manner of doubt that a transgender person or either a male or female who has undergone a sex change operation is entitled to the gender of their choice the order saidAlso Read Land to be allotted in suburban Bandra for new HC building says Maharashtra governmentThe object and purpose of the provisions of the Domestic Violence Act is to provide more effective protection of the rights of the women who are victims of violence of any kind that occurs within the family it saidThe bench further noted that the need to pass such legislation was because the existing law was inadequate to address a woman who was subjected to cruelty by her husband and their familyIt added that the word woman is no more limited to the binary of women and men and also includes transgender persons who have changed their sex in tune with their gender characteristicsTherefore in my opinion a transgender person who has undergone surgery to change their gender to female needs to be termed as an aggrieved person within the meaning of the Domestic Violence Act the court saidThe man in his plea had challenged an October 2021 order of a sessions court upholding a magistrates court directive asking him to pay Rs 12000 monthly maintenance to his estranged wife who was initially a transgender personThe wife had filed proceedings against her estranged husband as a woman under the DV ActAccording to the estranged wife she became a woman in 2016 from a transgender person after undergoing a gender reassignment surgeryThe same year the couple got married but differences arose two years later following which she filed an application before a magistrate court seeking maintenance under the DV ActThe husband in his petition in HC claimed that his wife did not fall within the definition of aggrieved person as such right has been conferred only on iquestwomeniquest in a domestic relationshipThe wifes lawyer Vrushali Laxman Maindad argued that after the surgery the wife recognised her gender as femaleDismissing the husbands plea the HC directed the husband to clear all arrears of maintenance within four weeksThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever