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2025 Supreme(Online)(Bom) 5819

BOMBAY HIGH COURT
AMIT BORKAR, J
Vithal Manik Khatri – Appellant
Versus
Sagar Sanjay Kamble @ Sakshi Vithal Khatri – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sushant S. Prabhunne
For the Respondents: Ms. Vrushali Mainded, Shaheen Kapadia, Shrusthi Tupe, Mr. M.G. Patil, APP

Table of Content
1. challenge to previous orders. (Para 1 , 2)
2. arguments regarding the status of the respondent. (Para 3 , 4 , 5)
3. interpretation of aggrieved person under the law. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. conclusion and dismissal of the writ petition. (Para 12 , 13 , 14)

CORAM : AMIT BORKAR, J. DATED : MARCH 16, 2023 P.C.:

1. The challenge in this petition is to the order dated 5th October 2021 passed by learned Additional Sessions Judge, Baramati, in Criminal Appeal No. 75 of 2019 confirming the Judgment and Order dated 11th November 2019 passed by Judicial Magistrate First Class, Baramati in Miscellaneous Application No.573 of 2018.

2. Respondent No.1, who initially was Transgender, filed a proceeding under the provisions of the Domestic Violence Act, 2005 as a woman under the Domestic Violence Act. According to the case of respondent No.1, she converted her gender from Transgender to female by performing surgery on 1st June 2016. On 21st July 2016, there was a marriage between the petitioner and respondent. Due to differences between the parties, the respondent filed Criminal Miscellaneous Application No.573 of 2018 under the provision of the Domestic Violence Act, 20

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