Breaking News
1. PM Modi Virtually Launches Vande Bharat Express in Assam; First of its Kind in Entire North Eastern Region.      2. Government clears the appointment of Justices Dhanuka & Gangapurwala as Bombay and Madras HC Chief Justices respectively.      3. Alibaba denies mass layoff rumours, and says it will hire 15,000 staff this year.      4. Sun Pharma offers to buy 100% stake in Taro in an all-cash deal.      5. Shah Rukh Khan tweets video of new Parliament building, says it's for a 'new India'.      6. Andrew Gurulyov's Shocking Remark on Why Russia Attack Alaska? Question, 'To Make Them Feel Scared.'      7. President Murmu Supported PM Modi by Stating He is Representative of People so He is The Best Choice for the Opening Ceremony of New Parliament.      8. Elon Musk says Twitter Blue verified subscribers can now upload 2-hr videos.      9. Photo of Aishwarya Rai Bachchan in a gown with a giant hood at Cannes Film Festival goes viral.      10. Siddaramaiah appointed as Karnataka CM, DK Shivakumar to be Deputy Chief Minister.      11. Arjun Ram Meghwal replaces Kiren Rijiju as Union Law Minister of India.      12. ₹1,665 crore spent by the UK government on Queen Elizabeth's state funeral.      13. Virat Kohli smashes a hundred in IPL after 4 years, equals Chris Gayle's record.      14. Kamal Nath says that the state government would provide 100 units of free electricity if Congress wins in MP.      15. US space travel Company plans to offer weddings in space costing ₹1 crore per person.      16. A report says that India may consider policy change after cough syrup deaths.      17. BT Group to lay off up to 55,000 employees worldwide.      18. Rooney's Prophecy Comes True: Manchester City Thrashes Real Madrid by 4 Goals to Enter UCL Finals.      19. 9/9 for Russia: Moscow Launches Ninth Missile Attack Within One Month at Ukraine.      20. Rooney's Prophecy Comes True: Manchester City Thrashes Real Madrid by 4 Goals to Enter UCL Finals.     

Domestic Violence Act Extends Protection To Transgenders Undergoing Gender Reassignment Surgery

  • Posted on April 2, 2023
  • News
  • By Top Stories
Domestic Violence Act Extends Protection:-

The Bombay HC in a recent ruling has held that transgender women can also be governed under the provisions of the Domestic Violence Act when a man filed a petition against his wife, who was transgender before marriage.

Domestic Violence Act Extends Protection
Domestic Violence Act Extends Protection

Why did Husband File the Petition?

The man had married the woman, who had undergone a gender change surgery one month before their marriage in July 2016. Due to some differences between them, the woman approached the court seeking interim maintenance under the DV Act wherein the Baramati magistrate court had ordered the husband to pay her 12000/month in 2019. Aggrieved with the order the petitioner moved to the Sessions court challenging the order since the respondent-wife was not born as a woman but his petition was rejected hence, the man through his Advocate Sushant Prabhunne approached the HC  in 2021.

What did Court Say?

The primary issue before the court was whether a transgender person who undergoes a gender reassignment surgery can be called an "aggrieved person" within the meaning of Section 2(a) of the DV, Act, 2005.

The court made certain observations in coming to the instant decision. Section 2(f) of the act defining "domestic relationship" is gender neutral. Section 2(k) of the Transgender Persons (Protection of Rights) Act defines transgender persons irrespective of any sex reassignment surgery and Section 7 of the act also enables a person undergoing such surgery to get his/her gender changed by filing an application before the magistrate. The court also relies on the National Legal Services Authority v. Union of India and in conjunction with Section 2(a) in which the word "woman" controls its amplitude said that transgender persons undergoing sex reassignment surgery are entitled to the gender of their choice. Section 2(a) doesn't limit "woman" to a binary of man and Women and transgender persons undergoing sex reassignment surgery are also included.

Domestic Violence Act Extends Protection
Domestic Violence Act Extends Protection

For more updates keep visiting our website where we provide unbiased, true, and top stories of the world.

No Image
Top Stories

You May Also Like