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The husband had filed a petition in the High Court for investigation.
– Photo: Amar Ujala
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The Delhi High Court on Wednesday dismissed a plea filed by a husband seeking a court order for medical examination to find out the gender of his wife. The husband had alleged that his wife was transgender.
Justice Sanjeev Narula, while dismissing the petition, said that the petitions are not applicable against private individuals and matrimonial disputes are not suitable for such petitions. He further said that ordering medical tests in these cases could set a worrying precedent with wider implications. The court advised the husband to approach the appropriate court for resolution.
On Tuesday, the husband had filed a petition in the High Court requesting that the Delhi Police conduct a medical examination at a central government hospital to determine the gender of his wife. The petitioner’s husband alleged that his wife is a transgender person, a fact which he claimed was fraudulently concealed before their marriage.
She argued that this concealment had caused her mental trauma, prevented the consummation of their marriage and led to several false legal proceedings against her. Counsel for the petitioner, however, acknowledged that a person’s sex or gender identity is a personal matter, but in the context of marriage, the rights of both the parties are interconnected. To ensure a healthy and peaceful married life it is important to balance and respect the fundamental rights to life of both individuals guaranteed under Article 21 of the Constitution of India.
The petition further states that the petitioner has a fundamental right to a fair investigation and determination of facts before being subjected to legal proceedings designed for women.