New Delhi: The husband approached the Delhi High Court asking the Delhi Police to conduct a medical examination of his wife at a central government hospital to determine her gender.
The petitioner’s husband alleged that his wife was a “transgender person”, which he claimed was fraudulently concealed before their marriage.
He maintained that this concealment caused him psychological trauma, prevented the consummation of their marriage and led to various false legal proceedings being initiated against him.
The plea filed by advocate Abhishek Kumar Choudhary held that a person’s sex or gender identity is a private matter. However, it emphasizes that in the context of marriage, the rights of both parties are interconnected. To ensure a healthy and peaceful married life, it is necessary to balance and respect the fundamental rights to life of both persons, guaranteed under Art. 21 of the Constitution of India.
The plea further stated that the petitioner has a fundamental right to fair investigation and fact finding before being subjected to judicial proceedings intended for women.
It held that the petitioner should not be required to pay maintenance or face charges under the domestic violence and dowry laws if the wife did not qualify as a “woman” within the meaning and scope of those laws.
Previously, the petitioner appealed to the court of first instance under Art. 151 of the Code of Civil Procedure with a request to appoint a medical commission to examine his wife. However, the court of first instance rejected his request to undergo a medical examination.
