This story is from March 6, 2019

Bobby Darling’s hubby seeks time

Bobby Darling’s hubby seeks time
TV artist Bobby Darling
MUMBAI: Bandra family court on Tuesday adjourned to April 9 the hearing in divorce proceedings filed by film and TV artist Bobby Darling alias Pakhi Sharma after her husband sought time citing health reasons.
The artist also filed a rejoinder to rebut the claim to a legal point raised by the husband of the marriage being void as she was not born a woman.
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The rejoinder of Sharma, in court with advocate Bhavana Jadhav, invoked the Oxford dictionary definition of ‘woman’ and cited a Supreme Court ruling in the transgender case to back her plea of her status as a woman pursuant to a sex reassignment surgery. It contended that the Hindu Marriage Act (HMA), under which the marriage was solemnized in 2016, did not specify that a woman is a woman only if she is born a female. Jadhav questioned the husband’s non-appearance and opposed the plea for time by advocate J G Ramchandani, who submitted a medical certificate issued to the husband for resting his back. The husband’s case was that since HMA recognized a marriage only between an adult man and woman, a transgender after surgery was not considered a ‘woman’ under it.
The case is likely to revolve around how a ‘woman’ is interpreted by courts and whether a ‘woman’ under HMA means a baby biologically a girl, by birth.
The court is likely to hear the matter next month.
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About the Author
Swati Deshpande

Swati Deshpande is Senior editor at The Times of India, Mumbai, where she has been covering courts for over a decade. She is passionate about law and works towards enlightening people about their statutory, legal and fundamental rights. She makes it her job to decipher for the public the truth, be it in an intricate civil dispute or in a gruesome criminal case.

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