Husband seeks divorce alleging "wife is not female," SC issues notice to wife

Hearing a man's petition seeking divorce on allegations that his wife is not female, SC has issued notice to wife of the man.

New Delhi: The Supreme Court has issued a notice to a woman on Monday, based on her husband's plea, which seeks a divorce on the grounds of cheating. The man has claimed medical history of the wife did not reveal she was not a 'female'.

The Supreme Court bench comprising Justices Sanjay Kishan Kaul and MM Sundresh asked the woman to file a reply to her husband's petition, which challenges a Gwalior bench of Madhya Pradesh High Court order dated 29-07-2021. The judgment passed by the MP HC on the mentioned date dismissed the private complaint filed by the petitioner (Husband) stating that "no offense under Section 420 (cheating) of the IPC is made out" just on the basis of oral evidence, sans any medical evidence.

"Learned counsel for the petitioner has drawn our attention inter alia to page 39 to contend that the medical history of the respondent shows "Penis + Imperforate hymen" thus respondent is not a female. Issue notice returnable in four weeks," the court said.

The petition filed through advocate Praveen Swarup said that the man and woman's marriage was solemnized in July 2016. After solemnization of marriage, the wife did not consummate for a few days on the pretext that she is on her menstrual cycle and a few days later, she left the matrimonial house and returned after a period of 6 days.

When the husband tried to consummate after the wife's return, he found that there was no presence of vaginal opening and she had a small penis. Post this discovery, the petitioner took his wife for a medical check-up, where it was diagnosed that she has a medical problem called 'Imperforate hymen' (A medical condition in which hymen covers the whole opening of the vagina), the petition said. It further mentions that the woman was advised to undergo surgical repair. But petition states that the doctor also told that even if an artificial vagina is created through surgery, consummation may take place but chances of getting pregnant are close to impossible.

After this medical examination, the petitioner felt cheated and called up the father of his wife, to take his daughter back. The woman underwent the surgery and returned to the husband's house after the woman's father allegedly forcibly entered the man's house and threatened the husband to keep his daughter at his house.

The man later filed a complaint before local police and a petition in court seeking a divorce.

(Agency Inputs)