Mumbai: A husband married to a transgender, who converted to female before marriage, has questioned the validity of the marriage during a recent hearing on their divorce case.
The case, filed by film and television personality, Bobby Darling, who was born as Pankaj Sharma, moved a family court in Bandra seeking divorce with her husband on the grounds of domestic violence. Apart from the dissolution of her marriage, she also sought cancellation of a gift deed of a flat in Oshiwara and Rs 2 crore alimony.
According to a petition filed by advocate Bhavna Jadhav, Pankaj Sharma had undergone a sex reassignment surgery in November 2015 and then changed her name to Pakhi Sharma before her marriage in February 2016. The marriage was performed according to Hindu rituals in Bhopal.
The plea is also for ownership declaration of a Bhopal property, on the grounds that it was allegedly purchased with her “hard earned money but in joint names under pressure, misrepresentation’’ during an “abusive’’ marriage, alleging the gift deed was executed under “coercion”.
However, advocate G J Ramchandani representing the husband questioned the validity of the marriage under the Hindu Marriage Act.
“According to the Hindu Marriage Act 1955, the marriage takes place between the groom and the bride. Marriage takes place between a male and a female and not between a transgender, who converts into a woman, and a man. She did not disclose about her sex reassignment surgery to the marriage registrar. The marriage is null and void under the provisions of the Hindu Marriage Act. These are the points we have raised,” Ramchandani told News18.
Objecting to Ramchandani’s claims, Advocate Jadhav said, “When he got married and at the time of its registration, all her identity cards showed her as a woman. In the gift deed, he admitted her as his wife. The gift deed was executed in the name of Pakhi Sharma and not Pankaj Sharma. It is clearly a double standard, which should be objected to. If you say she is not your wife, she is not a woman then return her property. But he doesn’t want to do that.”
The court has set March 5 as the next date of hearing.
In September 2017, Bobby filed an FIR with the Delhi Police against her husband, accusing him of domestic violence and unnatural sex after which he was arrested in May 2018.
Bobby Darling has been part of reality show Bigg Boss season 1. She has also been a part of various TV shows such as ‘Kyunki Saas Bhi Kabhi Bahu Thii’, ‘Kasautii Zindagii Kay’ and ‘Sasural Simar Ka’. She has featured in films like ‘Kyaa Kool Hai Hum’, ‘Apna Sapna Money Money’ and ‘Shirin Farhad’.
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