A man has filed a petition in the Delhi High Court on Tuesday requesting that the Delhi Police facilitate a gender test for his wife at a Central government hospital.
He claims that his wife is a transgender individual and that she concealed this information prior to their marriage, causing him significant mental trauma and preventing the consummation of their marriage.
The petitioner argues that this concealment has led to false legal proceedings against him.
The plea, submitted by Advocate Abhishek Kumar Choudhary, emphasizes that while an individual’s gender identity is a private matter, it is critical to address such issues within the context of marriage, where the rights of both parties are interconnected.
The petitioner contends that both individuals have a fundamental right to a healthy marital life, as guaranteed under Article 21 of the Constitution of India.
Furthermore, the petitioner asserts that he should not be liable for maintenance or face accusations under domestic violence and dowry laws if his wife does not legally qualify as a “woman.”
Previously, he had approached a trial court seeking to establish a medical board for his wife’s examination, but this request was dismissed.
In a related case, the Punjab and Haryana High Court recently noted that referring to a husband as ‘hijra’ (a term for transgender individuals) constitutes an act of cruelty, highlighting the sensitivity surrounding issues of gender identity in marital relationships.
