Pakhi Sharma, the trans TV and movie actress higher referred to as Bobby Darling, bought married to Bhopal-based businessman Ramneek Sharma in 2016. She had undergone intercourse reassignment surgical procedure in 2015, and the 2 wed in a Hindu ceremony 12 months later. Barely 12 months after, Bobby filed an FIR in opposition to her husband accusing him of assault, demanding dowry, and usurping her cash and property. Now, she has filed for a divorce and is demanding alimony from her estranged accomplice.
This can be a distinctive state of affairs and in response to stories, this case could problem India’s authorized definitions of the phrase ‘girl’. That is occurring as a result of Bobby’s estranged husband has maintained that their union isn’t legally legitimate as a result of she was not born a lady.
Ramneek, by way of attorneys G J Ramchandani and Hitesh Ramchandani, has claimed that the wedding is “void” underneath the Hindu Marriage Act. They instructed TOI: “In the whole Home Violence Act, Hindu Marriage Act and IPC legal guidelines, nowhere has it been presumed that if a male will get his genitals modified, he can be handled as a lady. The Hindu Marriage act solely recognises a wedding between a person and a lady as legitimate (sic).”
The result of the case will likely be based mostly on whether or not the courtroom buys their argument that solely organic females are lined by Indian legal guidelines. If the courts problem this slim definition, it would actually be a landmark second.
In 2018, Delhi Excessive Courtroom dominated that part 354A of the Indian Penal Code (IPC) can now be utilized by transgender individuals to register complaints of sexual harassment. This transfer got here after a transgender pupil of Delhi College approached the police to file a criticism after she was harassed by a bunch of males. Delhi Police turned her away claiming that the IPC didn’t cowl trans women and men. The coed then filed a petition within the Delhi Excessive Courtroom and received her battle.
Bobby, who was born in Delhi as Pankaj, is a well-known title in Bollywood. He has appeared in movies similar to Kya Kool Hai Hum and the very talked-about actuality TV present Bigg Boss.