Kerala court orders relief for trans woman in case filed under Domestic Violence Act

For perhaps the first time in Kerala, a lower court in Kochi has allowed the petition of a trans woman to be filed under the Domestic Violence Act, 2005, and also directed the first respondent, her husband, to provide a monthly maintenance to meet her expenses including for medical treatment. The petitioner – a 36-year-old trans woman living in Kalamassery of Ernakulam district – alleged domestic violence by her husband and had sought relief of protection order, maintenance order, residence order and compensation. Her case was heard at the Judicial First Class Magistrate Court, Kalamassery.

“The petitioner had undergone (gender affirmation) surgery and was taking hormonal treatment, when the man – a 49-year-old – came into the picture. He knew this when they got married, and moved into a house, a floor above where his 75-year-old mother lived. But after marriage he began subjecting her to domestic abuse. The mother-in-law, who is the second respondent, was also abusive towards her,” says Advocate Smruthi Sasidharan, who appeared for the trans woman. Smruthi is also the director of the NGO, Centre for Inclusive Human Rights and Justice.

The petitioner continues to live with the husband, for lack of another place to move to. Her plea was filed in December 2021 after the man allegedly refused to provide for her expenses, including hormonal treatment post the surgery, and subjected her to physical abuse. “He would say that she is not a complete woman, make her eat stale food. She said that she was treated like an animal. Though she had the physical strength for it, she did not hit back. She sought legal help. We filed a case under DV, because that is the easiest and fastest relief a woman can get. She was first provided with a protection order. But he still wouldn’t pay for her treatment. So she filed for a maintenance order. He was given many chances to file a proper objection. He didn’t.”

The petitioner had asked for a maintenance of Rs 25,000 a month. However, the court ordered that Rs 10,000 will be sufficient. “Prima facie I am satisfied that the respondent is not ready to meet her medical and other expenses. In the petition, it is stated that the first respondent is jobless. He is making his livelihood depending upon the interest received from the fixed deposit. No doubt, the first respondent is bound to maintain the petitioner,” the court ordered.

In his counter affidavit, the husband denied that he committed any kind of domestic violence and claimed that the petitioner with some strangers had locked him in a room until the police came to the rescue.

Smruthi says that the husband is an influential person and that might make it easy for him to go scot free. “Most of the legal interventions by our NGO are in issues related to LGBTQIA+ spectrum. Police sensitisation is very much needed to make things better for the community. Generally, cases of DV against women are not taken seriously by the police. And they are our first line of defence. Even after a woman gets the protection order and that is violated, there are more procedures involved if the husband is to be arrested. The woman will be trapped, not able to leave the only shelter she has, which is the husband’s house,” Smruthi adds.

The NGO has previously come across cases like this, but persons in the LGBTQI+ community rarely had the courage to approach a court before, afraid of what they might be put through, says Advocate Fera, founder of the organisation. “In this case, the petitioner stood with us and she could win her rights. This will be an encouragement for the community as well,” she says.