A transgender person who chooses to be a woman by undergoing gender reassignment surgery can seek relief under 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 order of March 16, a copy of which was available on Friday, said word “woman” is no more limited to 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 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 provisions of Domestic Violence Act is to provide more effective protection of rights of women who are victims of violence of any kind that occurs within family,” it said. The bench further noted that the need to pass such legislation was because existing law was inadequate to address a woman who was subjected to cruelty by her husband and their family.