VITHAL MANIK KHATRI Vs. SAGAR SANJAY KAMBLE

JUDGEMENT

(1.) The challenge in this petition is to the order dtd. 5/10/2021 passed by learned Additional Sessions Judge, Baramati, in Criminal Appeal No. 75 of 2019 confirming the Judgment and Order dtd. 11/11/2019 passed by Judicial Magistrate First Class, Baramati in Miscellaneous Application No.573 of 2018.

(2.) Respondent No.1, who initially was Transgender, filed a proceeding under the provisions of the Domestic Violence Act, 2005 as a woman under the Domestic Violence Act. According to the case of respondent No.1, she converted her gender from Transgender to female by performing surgery on 1/6/2016. On 21/7/2016, there was a marriage between the petitioner and respondent. Due to differences between the parties, the respondent filed Criminal Miscellaneous Application No.573 of 2018 under the provision of the Domestic Violence Act, 2005. In the said proceedings respondent filed an application seeking interim maintenance. The Judicial Magistrate First Class, Baramati, by order dtd. 11/11/2019, directed payment of Rs.12,000.00 per month from the date of application. Aggrieved thereby, the petitioner filed an appeal before the learned Additional Sessions Judge, Baramati, by the impugned Judgment and Order, the said appeal has been dismissed. Aggrieved thereby, the petitioner has filed the present Writ Petition.

(3.) Learned advocate for the petitioner submitted that the respondent does not fall within the definition of aggrieved person as such right has been conferred on "women" in a domestic relationship. Additionally, it is submitted that there is no certificate issued to her under Sec. 7 of the Transgender Persons (Protection of Rights) Act, 2019, and therefore she cannot be treated as a woman under the provisions of the Domestic Violence Act, 2005. Finally, he submitted that in the absence of cogent evidence of the petitioners' income, the order of payment of Rs.12,000.00 per month could not be justified.