A strange petition has been filed in the Delhi High Court in which a man requests the court to order a gender test of his wife. In fact, the man says he feels he has fraudulently married a transgender girl. In such a situation, you will never be able to have a child nor will you be able to expand your family.
‘I didn’t tell him before that my future wife is transgender’
The man filed a petition and requested that his wife be medically examined at a central government hospital for gender testing. He claims that before the marriage, the fact that his future wife is transgender was hidden from him. She has suffered mental shock due to this deception and fraud. In such a situation, your marriage is incomplete and illegal.
Wife made allegations under domestic violence and dowry law
The man’s lawyers, Abhishek Kumar Chaudhary and Jitendra Kumar Tiwari, argued that due to concealment of information, many false legal actions have been taken against the youth. Charges have also been filed under the domestic violence and dowry law. The petition highlights the importance of striking a balance between the fundamental rights to life and dignity. Citing Article 21 of the Constitution, it has been emphasized that both parties in a marriage have the right to justice and transparency.
‘When she doesn’t qualify as a woman…’
The petition has said that although gender identity is a very personal matter, in the case of marriage it affects the rights of both the husband and the wife. The husband argued that his wife had no right to bring allegations under laws specifically enacted for the support or protection of women, because she did not qualify as a “woman” under those laws.
‘Do a medical checkup on your wife, I will cover the costs’
The petition states: “The man is willing to bear the expenses of his wife’s medical examination and, if necessary, is also willing to undergo a medical examination.” He had demanded the formation of a medical board to investigate. The court rejected his petition and is now asking the High Court to intervene in the matter. He says his right to investigate has been violated. But this medical examination is necessary for justice to be done.
