The petition, filed by Advocate Abhishek Kumar Choudhary, acknowledges that gender identity is a private matter. However, it emphasizes that within the institution of marriage, the rights and interests of both spouses are interdependent.
New Delhi: On Tuesday (Oct 22): A man moved to the Delhi High Court, urging the Delhi Police to arrange a medical examination of his wife at a Central Government hospital to determine her gender.
The petitioner claims that his wife concealed her gender identity, causing him significant mental distress, hindering the consummation of their marriage, and resulting in several false legal cases filed against him.
The petition, filed by Advocate Abhishek Kumar Choudhary, acknowledges that gender identity is a private matter. However, it emphasizes that within the institution of marriage, the rights and interests of both spouses are interdependent.
The plea argues that maintaining a peaceful marital relationship requires balancing the fundamental rights to life under Article 21 of the Indian Constitution for both partners.
The petitioner asserts his right to a fair investigation and factual determination before being subjected to legal actions intended for women. He alleges that his wife is a transgender person, a fact he claims was fraudulently concealed before their marriage.
As a result, he argues that he should not be liable for paying maintenance or facing allegations under domestic violence or dowry laws, as his spouse may not qualify as a “woman” under the relevant legal provisions.
Previously, the husband had approached the trial court under Section 151 of the Civil Procedure Code (CPC), seeking the constitution of a medical board to conduct his wife’s examination. However, the trial court dismissed his application for the medical evaluation.
