Delhi High Court Dismisses Husband’s Plea for Wife’s Gender Test
The Delhi High Court has rejected a plea from a husband who sought a court order for a medical test to determine his wife’s gender, claiming she is transgender. Justice Sanjiv Narula dismissed the plea, stating that writ petitions are not applicable against private individuals and are unsuitable for matrimonial disputes. He warned that ordering such a test could set a concerning precedent. The court advised the husband to seek resolution in the appropriate court.
The husband had approached the court, requesting the Delhi Police to conduct a medical examination of his wife at a Central Government hospital. He alleged that his wife is a transgender individual, a fact he claims was hidden before their marriage, causing him mental trauma and preventing the consummation of their marriage. The plea, submitted by Advocate Abhishek Kumar Choudhary, acknowledged that gender identity is a private matter but emphasized the interconnected rights of both parties in a marriage.
The plea argued for a fair investigation and determination of facts, asserting that the husband should not face legal proceedings or pay maintenance if his wife does not qualify as a “woman” under relevant laws. Previously, the husband had approached the trial court to request a medical examination, but his application was dismissed.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a court in India that deals with legal cases in the capital city, New Delhi. It is one of the higher courts in the country where important legal matters are decided.
Gender Test -: A gender test is a medical examination to determine whether a person is male or female. In this case, the husband wanted the court to order a test to find out his wife’s gender.
Transgender -: Transgender is a term used for people whose gender identity is different from the sex they were assigned at birth. For example, someone born as a boy might feel and identify as a girl.
Writ petitions -: Writ petitions are legal documents filed in court to seek a specific order or direction. They are usually used to protect people’s rights, but in this case, the court said they can’t be used against private individuals like the wife.
Matrimonial disputes -: Matrimonial disputes are disagreements or conflicts between married people. These can include issues like divorce, child custody, or, in this case, questions about a spouse’s gender.
Justice Sanjiv Narula -: Justice Sanjiv Narula is a judge at the Delhi High Court. Judges like him make important decisions in legal cases based on the law and evidence presented.
