Today, On 23rd October, The Delhi High Court declined to consider a husband’s request for a gender test of his wife, who he alleged was a transgender individual. He argued that, due to her gender identity, she should not be able to file a domestic violence case against him, as he claimed she was not a biological woman. The court’s decision reinforces the legal recognition of gender identity and the rights of individuals, regardless of their biological sex.
New Delhi: The Delhi High Court today dismissed a writ petition filed by a man requesting that the court order the Delhi Police to conduct a gender test on his wife at a Central government hospital.
Justice Sanjeev Narula questioned the appropriateness of a writ petition in what he deemed a purely matrimonial issue, choosing not to address the matter on its merits.
He stated,
“This is a purely matrimonial matter. A writ petition cannot be initiated against a private person… You are asking for a gender test; this has wide ramifications. Even more so since it is your wife.”
The man asserted that his wife was transgender and argued that this meant she could not file a domestic violence case against him, claiming she was “not a woman.” He requested a gender test to validate his assertion about his wife’s gender identity.
Although the High Court stated it could not entertain this request, the husband was permitted to approach the court handling his matrimonial case for appropriate relief.
The man accused his wife of hiding her transgender status and misleading him into marrying her in 2020. He alleged that she had continuously found excuses to avoid consummating the marriage before eventually leaving their home.
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He claimed that he later discovered his wife was transgender, which he argued caused him significant mental trauma and violated his right to a legitimate marital relationship under Article 21 of the Indian Constitution. The husband further alleged that his wife had filed multiple false cases against him, accusing him of domestic violence, demanding dowry, and seeking maintenance.
He contended that the domestic violence claims brought by his wife were not valid, asserting that she is not a biological woman. Consequently, he argued that he should not be required to pay maintenance, stating that all matrimonial laws pertain specifically to wives who are biological females.
Advocate Abhishek Kumar Choudhary represented the husband in court.
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