A Delhi man moved to high court with a unique petition requesting the Delhi Police to conduct a medical examination of his wife at a Central Government hospital to establish her gender. He alleged that his wife is a " transgender individual," a detail that was deceitfully hidden before their marriage.
The husband argued that this concealment resulted in mental trauma, hindered the consummation of their marriage, and led to several false legal actions against him.
The plea, submitted by Advocate Abhishek Kumar Choudhary, stated that even though an individual's sex or gender identity is a private concern but in the context of marriage rights of both parties are interconnected.
It is therefore necessary to respect and balance the fundamental rights of both individuals as guaranteed under Article 21 of the Constitution of India.
The plea further stated that before being subjected to legal proceedings designed for women, the petitioner has a fundamental right to a fair investigation and determination of facts.
It further mentioned that if the wife fails to qualify as a "woman", the husband should not be required to pay maintenance or face allegations under domestic violence and dowry laws within the meaning and scope of these legislations.
The petitioner had also approached the trial court previously under Section 151 of the CPC to request the formation of a medical board for his wife's examination, but the court dismissed his application.
The husband argued that this concealment resulted in mental trauma, hindered the consummation of their marriage, and led to several false legal actions against him.
The plea, submitted by Advocate Abhishek Kumar Choudhary, stated that even though an individual's sex or gender identity is a private concern but in the context of marriage rights of both parties are interconnected.
It is therefore necessary to respect and balance the fundamental rights of both individuals as guaranteed under Article 21 of the Constitution of India.
The plea further stated that before being subjected to legal proceedings designed for women, the petitioner has a fundamental right to a fair investigation and determination of facts.
It further mentioned that if the wife fails to qualify as a "woman", the husband should not be required to pay maintenance or face allegations under domestic violence and dowry laws within the meaning and scope of these legislations.
The petitioner had also approached the trial court previously under Section 151 of the CPC to request the formation of a medical board for his wife's examination, but the court dismissed his application.
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