A bench of Justices Sanjay Kishan Kaul and MM Sundaresh on Friday sought reply from the woman
Supreme Court | Photo: ANI
New Delhi: The husband has approached the Supreme Court seeking a divorce on the ground that his wife is not a woman and that he was cheated on. Following this, the court sought the wife’s response.
A bench of Justices Sanjay Kishan Kaul and MM Sundaresh on Friday sought reply from the woman on a petition filed by her husband challenging the Madhya Pradesh High Court order dated July 29 last year.
According to the medical report, although the woman was physically inside the ovary, her entire vagina was covered with skin. They also have a penis-like flesh.
The petition was filed by a native of Gwalior. He alleges that his wife and father-in-law cheated on him. The apex court has said it will hear the petition. Although the court was reluctant to consider the matter first, it decided to hear the case after seeing the medical report. The court has asked the wife to reply within four weeks.
Chronological ways of the case
According to the petition, the couple got married in 2016 and stopped a few days after the marriage to show that they were menstruating. He returned six days later. After the two became close, the husband said that his wife did not have a normal vagina and found that she had a smaller penis than the children.
He then took his wife for a medical examination. He has a genetic disorder called congenital adrenal hyperplasia. That is why the examination revealed that the external genitalia are similar to those of boys. The petition also states that the doctors prescribed surgery.
Doctors have pointed out that although problems can be corrected to some extent through surgery, the risk of pregnancy is rare.
The husband then sent his wife back to her home, accusing her of cheating. Meanwhile, the girl’s relatives also lodged a complaint alleging her husband’s cruelty. The two families were constantly at loggerheads with each other over allegations and lawsuits. Finally, the husband filed a Section 420 case against the young woman and her father, alleging that he had cheated on his wife’s health status before marriage.
The trial court in the case ordered a compulsory physical examination but the woman refused. The woman approached the high court against the trial court order. The Madhya Pradesh High Court rejected the husband’s arguments, saying that according to medical reports, the woman had the features and organs of a woman and therefore the crime of cheating could not exist. The husband approached the Supreme Court against this.
The husband’s appeal states that his wife was diagnosed with the disease three years before the marriage and that doctors at a local hospital had certified that he was undergoing hormone replacement therapy. Senior advocate NK Modi appeared for the petitioner in the Supreme Court.
‘She is a man. This is definitely cheating. Please look at the medical records. It is not a congenital disease. This is my party cheating and having to marry a man. She certainly had a clear idea of her genitals. ‘ NK Modi argued in court.
Content Highlights: She’s a man, it’s definitely cheating-Man moves Supreme Court for divorce
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