Husband goes to Pinnacle Court for divorce citing his wife is a man

14-03-2022

The top court today has delivered a notice to a wife on the husband's petition requesting divorce on the issue that he has been cheated as the medical history of his wife did not make him know she was not a 'female'.

Two member bench composed of justices Justices Sanjay Kishan Kaul and MM Sundresh on March 11th 2022, questioned the spouse to file an answer to the husband's plea challenging a Gwalior bench of Madhya Pradesh High Court order in July previous year.

The bench said that "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. Issue notice returnable in four weeks".

The husband strongly challenged High court of Madhya Pradesh order dated July previous year, Bench at Gwalior whereby Trial Court's order dated 6th May 2019 considering cognizance against respondent that was kept aside and the individual complaint registered by the petitioner (husband)as dismissed on the regard that, only on the grounds of general complaint in oral sense of evidence and without any medical proof, nothing criminal activity on the base of Section 420 that means cheating of the IPC (Indian Penal Code), 1860;  be completely made out.

In the present case, a hearing by the Supreme Court of India petition says that the wife of the husband went through the surgery and then returned to her spouse’s home after the wife’s father allegedly suddenly came to the husband’s home and threatened the husband to look after his daughter at his home.

The husband later made registered a complaint in the local police and filed a plea requesting divorce.