Delhi High Court on Wednesday (23 October) refused to hear the petition of a person. The man was requesting in the petition to find out whether his wife is ‘transgender’. For this he had applied for medical examination from the High Court.
The petitioner had claimed that his wife was transgender and this fact was concealed by fraud at the time of marriage. The petitioner said that due to this he is mentally disturbed. The bench of Justice Sanjeev Narula said that this matter is completely related to matrimonial dispute. The court asked the petitioner to take appropriate steps under law as the writ petition is not admissible.
Comment on writ petition
The court said, “This is a matrimonial dispute. Request the concerned court. No writ can be issued against any person.” The judge said the request the husband is making has ‘widespread implications’. He asked the lawyer to initiate appropriate legal proceedings. The petitioner’s lawyer said that he would consider the options before him.
The petitioner claimed that she was fraudulently married to a ‘transgender’, which is a violation of her right to a valid marital relationship under Article 21 of the Indian Constitution. The petition states that the wife has filed several cases against him for maintenance, domestic violence and dowry allegations, but they are not maintainable because she is a transgender and not a woman.
mental condition of the petitioner
Seeking medical examination of his wife in any central government hospital, the petitioner said in his petition that due to this fraud, his “life has been badly affected and tainted and he has suffered severe mental trauma.”
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