The Supreme Court of India has agreed to hear an appeal filed by a man against a Bombay High Court judgment which held that a transgender woman can claim maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act).
The Bombay High Court had in March this year dismissed the man’s petition challenging the applicability of the provisions of the DV Act to his wife, who was reportedly a transgender individual before marriage and had undergone sex reassignment surgery.
The High Court had also upheld a magistrate court order granting interim maintenance of ₹12,000 per month to the respondent.
In his appeal to the Supreme Court, the man has argued that the DV Act is gender specific and does not apply to transgender women. He has also argued that the marriage between himself and the respondent transgender woman was not solemnized and that there was no domestic relationship between them.
The Supreme Court has listed the matter for hearing in January 2025 and sought responses from the concerned parties.
Outcome of the Case
The outcome of this case is important for transgender rights in India. If the Supreme Court upholds the Bombay High Court judgment, it will mean that transgender women are entitled to the same protections under the DV Act as women. This would be a significant victory for transgender rights and would help to ensure that transgender women are not discriminated against in the context of domestic violence.
However, if the Supreme Court overturns the Bombay High Court judgment, it would mean that transgender women are not entitled to the same protections under the DV Act as women. This would be a setback for transgender rights and would leave transgender women vulnerable to domestic violence.