A man has approached the Delhi High Court, requesting that the Delhi police be instructed to conduct a gender verification test on his wife at a Central government hospital. The petitioner, represented by Advocate Abhishek Kumar Choudhary, has alleged that his wife is a transgender person who concealed her gender identity before their marriage, causing him significant emotional distress. According to the plea, this concealment prevented the consummation of their marriage and subjected the petitioner to false legal proceedings under domestic violence and dowry-related laws.
The petition argues that while gender identity is a deeply personal matter, it assumes legal significance in the context of marriage since the rights of both partners are intertwined. The plea emphasizes that a fair investigation is essential, as the petitioner believes he should not face legal consequences or financial obligations, such as maintenance, if his spouse does not legally qualify as a “woman” under relevant laws.
Previously, the petitioner had sought intervention from the trial court under Section 151 of the Code of Civil Procedure (CPC), asking for a medical board to be constituted to examine his wife. However, the trial court dismissed this request. In his plea to the High Court, the petitioner maintains that his right to a fair investigation under Article 21 of the Indian Constitution—concerning the right to life and personal liberty—has been compromised due to the rejection of his application.
The petition adds that laws intended for the protection of women, such as those addressing domestic violence and dowry, should not apply if the person in question does not meet the legal definition of a “woman.” The petitioner further contends that being compelled to pay maintenance or defend himself under such laws would infringe on his fundamental rights.
In a related development, the Punjab and Haryana High Court recently observed that using derogatory terms such as ‘hijra’ (a term used to describe transgender individuals) in reference to a spouse constitutes cruelty. The bench, while hearing a divorce case, remarked, “Terming the respondent-husband as ‘hijra’ and suggesting his mother gave birth to a transgender is an act of cruelty.”
The Delhi High Court will now deliberate on the petitioner’s request, which brings into focus the complex intersection of marriage laws, gender identity, and individual rights.
(Input from various sources)
(Rehash/Ankur Deka/MSM)
