NEW DELHI: In a unique legal battle, a husband has moved the Delhi High Court, requesting a medical examination of his wife at a Central Government hospital to verify her gender.
The petitioner has alleged that his wife is a "transgender", a fact he claims was fraudulently concealed before their marriage, resulting in mental trauma and preventing the consummation of the marriage.
The petitioner, represented by Advocates Abhishek Kumar Choudhary and Jitendra Kumar Tiwari, argued that the concealment has led to various false legal proceedings against him, including allegations under domestic violence and dowry laws.
The plea underscores the importance of balancing the fundamental rights to life and dignity under Article 21 of the Constitution, stressing that both parties in a marriage are entitled to fairness and transparency.
The petition stated that while gender identity is a deeply personal matter, in the context of marriage, it affects the rights of both spouses. The husband contended that he should not be subject to legal obligations, such as maintenance, or face allegations under laws specifically designed to protect women if his wife does not qualify as a "woman" under these statutes.
“The petitioner is willing to bear the costs of the medical examination of respondent number two, wife and undergo even with his own medical examination if required,” read the plea.
The petitioner had urged court to issue a writ of mandamus or any appropriate writ directing Delhi Police for a medical examination of his wife, at any Central Government Hospital in Delhi like AIIMS/RR hospital etc to determine her gender.
The petitioner had earlier approached a trial court, seeking the formation of a medical board to examine his wife's gender.
However, the trial court dismissed his plea. Now, he is asking the High Court for intervention, asserting that his right to a fair investigation is being compromised, and that a medical examination is essential for justice.