Man alleges wife isn’t woman; SC issues notice

New Delhi, March 14

The Supreme Court has issued notice to a ‘woman’ on her husband’s petitionalleging that he was cheated by his ‘wife’ as she doesn’t have female genital organs.

The man in question from Madhya Pradesh has sought registration of a cheating case on the ground that the person he married in 2016 was not a ‘woman’ and he has not been able to consummate the marriage.

The man has also filed a divorce petition while the wife has filed a counter case of cruelty under Section 498A of the IPC.

A Bench led by Justice Sanjay Kishan Kaul has asked the ‘woman’ to respond to her husband’s petition challenging a Madhya Pradesh High Court’s July 29, 2021 order and posted the matter for further hearing after four weeks.

The Bench took note of the petitioner husband’s contention that the medical history of his wife showed “Penis + Imperforate hymen” which meant she wasn’t a female.

The HC had quashed the trial court’s order taking cognizance of the man’s complaint, saying only on the basis of oral evidence and sans any medical evidence; no offence of cheating under Section 420 of IPC can be made out.

The man submitted that the woman – who initially went back to her parents—underwent a surgery and returned to his place. Her father forcibly entered his house and threatened him with dire consequences if he didn’t keep his daughter, the petitioner alleged.