Trans Woman Can File Cruelty Complaint Under Section 498A: Andhra Pradesh High Court

Trans Woman Can File Cruelty Complaint Under Section 498A: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that a trans woman in a heterosexual marriage has the legal right to file a complaint under Section 498A of the Indian Penal Code (IPC) for cruelty by her husband or his relatives.

The court rejected the petitioners’ argument that a trans woman cannot be considered a “woman” under the law solely because she cannot biologically reproduce, calling it discriminatory and unconstitutional.

Citing the Supreme Court’s Supriyo judgment, the court affirmed queer couples' rights. However, it quashed the case against the accused due to a lack of evidence of cruelty. (Viswanathan Krishna Murthy V The State of Andhra Pradesh & Anr.)

Read Judgement / 3 months ago

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