Shilpi Nama
On 16th June, 2025, the Andhra Pradesh High Court ruled that a trans woman in a heterosexual marriage can file a complaint under Section 498A IPC for cruelty by her husband or in-laws. Justice Venkata Jyothirmai Pratapa made this observation while hearing a petition to quash criminal charges filed by a trans woman against her husband and in-laws under Section 498A IPC and Section 4 of the Dowry Prohibition Act.
The petitioners argued that, since the trans woman was assigned male at birth, she could not be legally recognized as a “woman” under Section 498A. Rejecting this argument, the Court emphasized that defining womanhood solely based on reproductive capacity is both discriminatory and unconstitutional. Justice Pratapa stated that such reasoning contradicts Articles 14, 15, and 21 of the Constitution, which guarantee equality, dignity, and personal liberty regardless of gender identity.
Referring to the Supreme Court’s decision in Supriyo v. Union of India [Writ Petition (Civil) No. 1011 of 2022], which declined to legalize same-sex marriage but recognized the rights of queer couples, the Court clarified that trans persons in heterosexual marriages are protected under the existing legal framework. The judgment highlighted that the complainant had entered into a marriage with the knowledge and consent of the accused-husband, who was fully aware of her gender identity.
On examining the merits of the case, however, the Court noted that the complaint lacked substantial evidence of cruelty. The primary allegations were that the husband left the marital home and later sent a threatening message. Other claims, such as dowry demands, were unsubstantiated. The Court concluded that the allegations were vague and did not establish a prima facie case against the accused.
Consequently, the High Court quashed the proceedings in C.C. No. 585 of 2022 before the II Additional Munsif Magistrate, Ongole, against the husband and his family.
Case Name: Viswanathan Krishna Murthy vs The State of Andhra Pradesh and Another
Case Number: Criminal Petition No.6783/2022
Bench: Justice Venkata Jyothirmai Pratapa
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