The Delhi High Court has received a bizarre application in which a man sought an order for a gender test of his wife. In fact, the man said he felt he had been tricked into marrying a transgender girl, a situation in which he would never be able to have children or expand his family.
“I was never told that my future wife was transgender”
The man had submitted a petition asking his wife to undergo a medical examination at a central government hospital to test her gender. He claimed that he hid the fact that his future wife was transgender until their marriage. In this case, her marriage was incomplete and illegal, and she was mentally traumatized.
Wife files charges under domestic violence and dowry laws
The man’s lawyers Abhishek Kumar Chaudhary and Jitendra Kumar Tiwari argued that many false legal actions were taken against the young man due to hidden information. Charges were also filed under domestic violence and dowry laws. The petition cited Article 21 of the Constitution to highlight the importance of striking a balance between the fundamental right to life and dignity, emphasizing that both parties to a marriage are entitled to fairness and transparency.
“When she doesn’t qualify as a woman…”
The petition states that while gender identity is a deeply personal issue, when it comes to marriage, it affects the rights of both spouses. The husband argued that his wife had no standing to bring charges under laws designed specifically for alimony or the protection of women because she did not qualify as a “woman” under those laws.
“I’ll pay for your wife’s physical examination.”
“The man is prepared to bear the cost of his wife’s medical examination and is also ready to undergo a medical examination if required,” the petition said, calling for the establishment of a medical committee to investigate. The court rejected his request and he is now asking the High Court to intervene in the matter, saying his investigative rights have been violated but that the medical examination is necessary in the interests of justice.
