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 person.
A single bench of Justice Amit Borkar in the order of March 16, a copy of which was available, 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 themselves.
Justice Borkar noted that section 2(f) of the DV Act that defines a domestic relationship is gender neutral and hence includes persons irrespective of their sexual preferences. There 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 said.
The 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 said.
The 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 family. It 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 characteristics.
Therefore, 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 said.
The man in his plea had challenged an October 2021 order of a sessions court upholding a magistrate's court directive asking him to pay Rs 12,000 monthly maintenance to his estranged wife, who was initially a transgender person.