'Wife is not female': Husband knocks at Supreme Court's door to seek divorce

The petition states that after the solemnization of marriage in 2016, the wife did not consummate for a few days on the pretext that she is undergoing a menstrual cycle.

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New Delhi: A husband has knocked on the door of the Supreme Court against a High Court of Madhya Pradesh's decision which declined his request to get a divorce from his wife who he alleged was 'not a female'.

The Supreme Court has now issued a notice to a wife on the husband's plea seeking divorce on the ground that he has been cheated as the medical history of his spouse did not reveal she was not a 'female', news agency ANI reported on Monday (March 14, 2022).

A bench of Justices Sanjay Kishan Kaul and MM Sundresh have asked the wife to file a reply to the husband's petition challenging a Gwalior bench of Madhya Pradesh High Court order dated July 29, 2021.

"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 court said.

The man has challenged judgment whereby Trial Court's order dated May 6, 2019, taking cognizance against respondent that was set aside and the private complaint filed by the petitioner (man) was dismissed on the ground that, only on the basis of oral evidence and sans any medical evidence, no offence under Section 420 (cheating) of the Indian Penal Code (IPC), 1860 is made out.

The petition said that the man and woman's marriage was solemnized in July 2016. The petition said that after solemnization of marriage, the wife did not consummate for a few days on the pretext that she is undergoing a menstrual cycle and thereafter she left the matrimonial house and returned after a period of 6 days.

The petition also stated that later when the husband again tried to consummate, he found that there was no presence of vaginal opening and she had a small penis, like a child, ANI news agency reported. 

Post this discovery, the petitioner took his wife for a 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), the petition said.

The petition further mentioned that the woman was advised to undergo surgical repair but the doctor also told the petitioner that even if an artificial vagina is created through surgery, consummation may take place but the chances of getting pregnant are close to impossible. After this medical examination, the petitioner felt cheated and called up the father of his wife, to take his daughter back.

The petition also highlights that the woman underwent surgery and then returned to her husband`s house after her father allegedly forcibly entered the man's house and threatened him to keep his daughter. 

The man, however, later filed a complaint before local police and a petition in court seeking a divorce.

(With agency inputs)