A man has approached the Delhi High Court seeking directions for the Delhi Police to conduct a gender examination of his wife at a Central government hospital, claiming she is a “transgender individual.” The petitioner alleges that his wife concealed her gender identity before their marriage, which he claims has resulted in mental trauma and prevented the consummation of their marriage.
Allegations of Concealment and Legal Complications
In his plea, filed by Advocate Abhishek Kumar Choudhary, the man contends that the concealment of his wife’s transgender status has led to various false legal proceedings against him. He argues that while an individual’s sex or gender identity is a private matter, in the context of marriage, the rights of both parties are interconnected. To maintain a healthy marital life, he emphasizes the importance of respecting the fundamental rights to life of both individuals as guaranteed under Article 21 of the Constitution of India.
The petitioner asserts that he is entitled to a fair investigation and determination of facts before facing legal proceedings designed for women. He also argues that if his wife does not qualify as a “woman” under relevant laws, he should not be required to pay maintenance or face allegations under domestic violence and dowry laws.
Previous Legal Proceedings
The petitioner had previously sought the formation of a medical board for his wife’s examination under Section 151 of the Civil Procedure Code (CPC). However, his application was dismissed by the trial court.
In a related case, the Punjab and Haryana High Court recently ruled that referring to a husband as ‘hijra’ (transgender) constitutes an act of cruelty, highlighting the sensitivity surrounding issues of gender identity in legal contexts.
