New Delhi: The Delhi High Court on Wednesday (October 23) refused to entertain a plea filed by a husband seeking his estranged wife’s medical examination to determine if she is transgender, saying that the matter is “pure and pure matrimonial dispute”.
The husband, while seeking a medical examination of his transgender wife at any central government hospital, in his petition before the court claimed that his wife is a transgender and it was fraudulently concealed from him at the time of marriage and he was deceived into marrying her, which violated his right to a legitimate marital relationship under Article 21 of the Constitution of India.
I have suffered immense mental trauma by this misrepresentation: petitioner husband
The husband said in his plea before the High Court that his life has been severely affected and tarnished by this misrepresentation and he has suffered immense mental trauma.
The husband further said that several frivolous cases has been filed by his transgender wife against him in counter blast for maintenance, domestic violence and dowry allegations, which are meant exclusively for women.
Cases filed by wife as a ‘woman’ should be dismissed as untenable: Petitioner husband
“The petitioner (husband) submits that if Respondent No.02, Wife, is indeed a “Transgender,”… she can’t be classified as a ‘Woman’ within the meaning and scope of the legislations covering the above aspects of a matrimonial sphere, and thus, the cases filed by the Respondent No.2, wife, under the said legislations as a ‘woman’ should be dismissed as untenable,” the husband said while seeking a medical examination of his wife.
High Court asked petitioner husband to seek proper remedies available as a writ petition is not maintainable
Justice Sanjeev Narula, while hearing the matter, remarked that the matter is a “pure and pure matrimonial dispute” and asked the husband to seek proper remedies available in law as a writ petition is not maintainable.
“This is a matrimonial dispute. Make a request to the concerned court. No writ can lie against a private individual,” the High Court said, news agency PTI reported.
The judge observed that the relief being sought by the petitioner husband has wide ramifications and asked the lawyer representing the husband to initiate appropriate legal proceedings.
The counsel representing the husband told the High Court that he will avail the remedies available to him in law.
