Man moves SC claiming his wife not female
Claims wife has “child-like” male organ
New Delhi, March 13 (Delhi Crown): Challenging the Madhya Pradesh High Court, a man has moved the Supreme Court alleging “cheating” by his wife and her family by concealing the fact that she does not possess female organs and instead has a “child-like” penis.
Married in July 2016, the man “discovered” that his “wife” had no vaginal opening, and instead had a small penis like a child.
Post this “discovery”, he took her for medical check-up where it was diagnosed that she has a medical problem called “Imperforate hymen” (A medical condition in which hymen covers the whole opening of the vagina).
According to the petitioner, the wife left the matrimonial house, and again went for a medical check-up where it was found that she was diagnosed with “Congenital Adrenal Hyperplasia” (CAH) [A medical condition in which female’s clitoris is enlarged or the genitals look more like those of a male child] 3 years back and she was prescribed hormonal supplements.
Following the petition, the Apex Court issued notice to the respondent wife.
In a petition the husband sought a cheating case against his wife for allegedly concealing the fact she was physiologically not a female at the time of marriage. “The concealment of this fact from him amounts to the offence of cheating under Section 420 of the Indian Penal Code,” claimed the husband in his petition.
According to the petitioner-husband, his wife was diagnosed with “Congenital Adrenal Hyperplasia” which is a medical condition in which female’s clitoris is enlarged or the genitals look more like those of a male child. However, the same was concealed from him, which amounts to cheating by his wife and her father, he argued.
A Bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh issued notice in the special leave petition filed against Madhya Pradesh High Court’s judgement setting aside Trial Court’s order taking cognisance for offence of cheating against the wife and her father. The Bench noted the husband’s contention that the medical history of the respondent shows “Penis + Imperforate hymen” thus his wife is not a female.
“Learned counsel for the petitioner has drawn our attention inter alia to page 39 to contend that the medical history of the respondent shows “Penis + Imperforate hymen” thus respondent is not a female”, the SC Bench noted in the order.
The High Court had dismissed the husband’s complaint holding that, only on the basis of oral evidence and without any medical evidence, no offence under Section 420 of Indian Penal Code, 1860 was made out. The High Court had noted that there was nothing adverse in the medical report against the wife, after she was examined at a hospital in Gwalior.
The petitioner has also alleged that her father-in-law along with others forcibly entered his house and abused him in obscene language, and also threatened to kill him on account of refusal to keep his wife in the matrimonial house.
Thereafter, petitioner filed an application under section 12(1)(a) of the Hindu Marriage Act, 1955 to declare the marriage null and void on account of inability of his wife to consummate marriage. The petitioner has alleged that in January 2017, the wife lodged an FIR for cruelty under Section 498A IPC against him as a vindictive measure.
He then filed a complaint against his wife and her father before Judicial Magistrate, First class, Gwalior (M.P.) asserting that his wife and her father committed fraud because her was not informed before solemnisation of marriage that she was suffering from ‘Congenital Androgen Hyperplasia’ (CAH).