Delhi HC dismisses husband's plea for wife's gender test
Oct 23, 2024
New Delhi [India], October 23 : The Delhi High Court on Wednesday dismissed a plea moved by a husband requesting a court order for a medical test to determine his wife's gender, alleging she is transgender.
Justice Sanjiv Narula, while rejecting the plea, said that writ petitions are not applicable against private individuals, and matrimonial disputes are not suitable for such petitions. He further stated that ordering a medical test in these cases could set a concerning precedent with wider implications.
The court advised the husband to approach the appropriate court for resolution.
On Tuesday, a husband approached the Delhi High Court requesting that the Delhi Police conduct a medical examination of his wife at a Central Government hospital to establish her gender.
The petitioner's husband alleged that his wife is a "transgender individual," a fact he claims was fraudulently hidden before their marriage.
He contended that this concealment has caused him mental trauma, prevented the consummation of their marriage, and led to various false legal proceedings against him.
The plea, submitted by Advocate Abhishek Kumar Choudhary, acknowledges that an individual's sex or gender identity is a private matter.
However, it emphasises that in the context of marriage, the rights of both parties are interconnected. To ensure a healthy and peaceful marital life, it is crucial to balance and respect the fundamental rights to life of both individuals as guaranteed under Article 21 of the Constitution of India.
The plea further stated that the petitioner has a fundamental right to a fair investigation and determination of facts before being subjected to legal proceedings designed for women.
It asserted that the petitioner should not be required to pay maintenance or face allegations under domestic violence and dowry laws if the wife does not qualify as a "woman" within the meaning and scope of these legislations.
Earlier, the petitioner approached the trial court under Section 151 of the CPC to request the formation of a medical board for his wife's examination. However, the trial court subsequently dismissed his application for the medical examination.
