Delhi High Court dismisses husband's plea for wife's gender test

Pic/PTI

The Delhi High Court has dismissed a plea moved by a man, seeking a court order for a medical check up to determine the gender of his wife, amid allegations that she is a transgender person, reported news agency ANI.

Justice Sanjiv Narula rejected the man's plea, and stated that writ petitions are not applicable in this case as it is against a private individual, and that matrimonial disputes are not suitable for such legal petitions.

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He further expressed concern that ordering a medical examination in such cases could set a troubling precedent with broader implications.

On Tuesday, the man had approached the Delhi High Court, requesting that the police conduct a medical examination of his wife at a Central Government hospital to establish her gender, stated ANI.

The petitioner alleged that his wife is a "transgender individual," a fact he claims was fraudulently hidden from him before their marriage. He further claimed that his wife's gender caused him significant mental trauma and hindered the consummation of their marriage.

The petitioner said that this concealment led to various legal challenges against him, including false allegations under domestic violence and dowry laws.

In his petition, submitted by Advocate Abhishek Kumar Choudhary, the man acknowledged that an individual's gender identity is a private matter. However, he emphasised the interconnected rights of both spouses within the context of marriage, arguing that it is essential to balance and respect the fundamental rights to life of both individuals as guaranteed under Article 21 of the Indian Constitution.

The man contended that he has a fundamental right to a fair investigation into the facts of his case before facing legal proceedings designed for women.

He argued that if his wife does not qualify as a "woman" under relevant laws, he should not be subjected to maintenance obligations or accusations under domestic violence and dowry legislation.

Prior to approaching the Delhi High Court, the petitioner had sought a medical examination through a trial court application under Section 151 of the Code of Civil Procedure (CPC), which was dismissed.

The Delhi High Court advised him to seek resolution through appropriate legal channels rather than pursuing this route.

(With inputs from ANI)