SC to consider: Whether Transwoman can seek relief under Domestic Violence Act, 2005

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The Supreme Court has agreed to review whether a transgender person after becoming a woman by undergoing gender reassignment surgery can seek relief under Domestic Violence Act, 2005.

• The bench of Justice Vikram Nath and Rajesh Bindal admitted appeal filed by husband of Transwoman against the Bombay High Court’s order and listed case for hearing in January 2015
• The Supreme Court will review whether transgender women can be defined as an “aggrieved person” under the Domestic Violence Act.

The Issue:-

Transwoman and her male partner married in 2016. Differences arose between them after two years and they began to live separately and she asked maintenance from him.

• The lower court ordered husband to pay 12,000 per month to her as maintenance.
• The Husband appealed to Bombay High Court against lower court’s order as the Transwoman cannot be accepted as “aggrieved person” under Domestic Violence Act,2005
• He claimed that the Transwoman didn’t have a certificate issued under Transgender person’s act of 2019,so she cannot be considered as a woman under Domestic Violence Act.

High Court’s Decision

• The Bombay High Court upheld the lower court’s decision.
• Bombay HC said the word “Woman” also includes transgender persons who have changed gender and became a woman.
• The HC also said , “The object and purpose of Domestic Violence Act is to provide protection of the rights of women who are victims of Violence.

Relevant Sections

• Section 2(a) of Domestic Violence Act defines aggrieved person as a woman who faced ‘domestic violence’ 
• Section 2(f) of Domestic Violence Act defines domestic relationships as gender neutral and includes every person.

Case Name: NALSA vs UOI

Name : Asma Siraj, Course: LLB 3 year, College: Sanjeevni Law College,Intern under Legal Vidhiya 

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