Delhi High Court Refuses To Entertain Husband's Plea To Determine If Wife Is Transgender

The Delhi High Court on Wednesday refused to entertain a petition filed by a husband for medical examination of his wife to determine her gender at any Central Government hospital in the national capital.

Justice Sanjeev Narula remarked that it was a “pure matrimonial dispute" and that a writ petition cannot lie against a private individual.

The husband claimed that his wife was transgender and alleged that the said fact was fraudulently concealed from him prior to the marriage.

The Court remarked that the relief sought by the husband had wide ramifications and thus, asked him to initiate proper remedies in law.

The husband had claimed that the concealment about his wife's gender had led to his mental trauma, non-consummation of marriage and a series of false legal proceedings against him.

He sought a stay on all the proceedings in the cases filed by the wife before the trial courts until the outcome of her medical examination.

He further sought to restrain the wife from pursuing or initiating any further proceedings under provisions applicable solely to women until the medical examination was complete or until specifically permitted by the Court.

“The petitioner contends that he was deceived into marriage through fraudulent concealment of Respondent No. 02's, wife, gender, violating his right to a legitimate marital relationship under Article 21 of the Indian Constitution,” the plea said.

It added: “The concealment of Respondent No. 02's, wife gender is a violation of the petitioner's fundamental right to life under Article 21 of the Constitution. Judicial precedents affirm that medical examinations are permissible to ascertain gender in matrimonial disputes.”

Title: SK v. COMMISSIONER OF POLICE DELHI POLICE HQ, ITO, DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1171