Transgender persons who have undergone surgery to become women eligible for protection under Domestic Violence Act : Bombay High Court
The Bombay High Court passed a order on 16 March, 2023.This was seen in the case of ABC vs XYZ 4037 OF 2021 and the case was presided over by Hon’ble Justice AMIT BORKAR.
FACTS OF THE CASE:
In this case Respondent who initially was Transgender, filed a proceeding under the provisions of the Domestic Violence Act, 2005 as a woman under the Domestic Violence Act. According to the case of respondent she converted her gender from Transgender to female by performing surgery on 1st June 2016.
OREDER OF THE CASE:
Therefore, it held that the respondent, who had undergone gender reassignment surgery and had been living as a woman, was entitled to protection under the Domestic Violence Act, 2005, and could be considered an aggrieved person. Therefore, the Court dismissed the appeal and directed the petitioner to clear arrears of maintenance within four weeks. Regarding the quantum of maintenance, the Court noted that the respondent had stated on oath that the petitioner earns close to ₹30,000 a day. In that light, the Court opined that the monthly maintenance of ₹12,000 was reasonable.
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JUDGEMENT REVIEWED BY ARCHLA.