Domestic Violence Act: Can trans woman seek relief under Domestic Violence Act? Supreme Court to decide | India News

NEW DELHI: Can a transgender, who becomes a woman by undergoing gender reassignment surgery and gets married to a man, seek relief under the Protection of Women from Domestic Violence Act? The Supreme Court has decided to examine the issue on an appeal filed against Bombay high court which has held that such women are protected under the Act and are entitled for maintenance.
A bench of Justices Vikram Nath and Rajesh Bindal agreed to hear an appeal filed by the husband against HC order and granted four weeks time to the woman to file her response. The court posted the case for hearing to January 2025.
The HC had ruled that a person who exercised his right to decide the self-identified gender of women is an aggrieved person within the meaning of Section 2(a) of the Domestic Violence Act, 2005. The HC upheld a lower court order directing a man to pay monthly maintenance of Rs 12,000 to his estranged wife who was initially a transgender.
The woman converted her gender from transgender to female through a surgery in June 2016. The couple got married in July 2016 but the relationship soon turned sour and she filed a complaint and sought interim maintenance.
Granting her relief, the HC had relied upon Supreme Court’s 2014 judgment on recognition of transgender as third gender and said, “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.”