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Transgender person becoming woman after surgery can seek relief under Domestic Violence Act: Bombay HC

A transgender person who chooses to be a woman by undergoing gender reassignment surgery can seek relief under the 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.

HC: Transgender person becoming woman after surgery can seek relief under Domestic Violence Act

A single bench of Justice Amit Borkar in the order of March 16 said the word “woman” is no more limited to the binary of women and men and also includes transgender persons who have changed their sex in tune with how they identify themselves.

Bombay HC: Transgender Person Becoming Woman After Surgery Can Seek Relief Under Domestic Violence Act

Justice Borkar noted that section 2(f) of the DV Act that defines a domestic relationship is gender neutral and hence includes persons irrespective of their sexual preferences

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