Delhi HC refuses to entertain husband’s plea to determine if wife is transgender
PTI, Oct 23, 2024, 5:24 PM IST
The Delhi High Court on Wednesday refused to entertain a petition by a husband seeking a medical examination of his estranged wife to determine if she is a transgender.
The petitioner alleged that his wife is a transgender, a fact that was allegedly fraudulently concealed at the time of his marriage and is now causing him mental trauma.
Justice Sanjeev Narula remarked the case is a “pure and pure matrimonial dispute” and asked the husband to seek proper remedies 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 court said.
The judge observed that the relief being sought by the husband has “wide ramifications” and asked the lawyer to initiate appropriate legal proceedings.
The petitioner’s counsel said he will avail the remedies available to him.
In his petition, the husband claimed that he was deceived into marrying his “transgender” wife which violated his right to a legitimate marital relationship under Article 21 of the Indian Constitution.
The plea stated that the wife has filed several cases against him for maintenance, domestic violence and dowry allegations, but those are not maintainable as she is a transgender and not a woman.
Seeking his wife’s medical examination at any central government hospital, the petitioner said in the plea that his “life has been severely affected and tarnished by this misrepresentation and he has suffered immense mental trauma”.
“Respondent No. 02, Wife, in counter blast, has filed false and frivolous cases against the petitioner, including applications for maintenance, domestic violence, and dowry allegations, which are meant exclusively for women. The petitioner 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 petition said.
Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.
Top News
Related Articles More
MVA allies to contest 85 seats each in Maharashtra polls, talks still on
Priyanka Gandhi files nomination for maiden electoral battle from Wayanad after massive roadshow
Maharashtra Assembly Election | Shiv Sena (UBT) releases first list of 65 candidates; Aaditya to contest from Worli
14 trains in SECR zone cancelled due to cyclone Dana
Shillong most popular destination for Indian travellers in 2025: Report
MUST WATCH
Latest Additions
Mangaluru: Baba Ramdev arrives to attend Oriental Studies Conference in Udupi
Udupi: Baba Ramdev to conduct Yoga camp during Oriental Studies Conference from Oct 24-26
MVA allies to contest 85 seats each in Maharashtra polls, talks still on
Priyanka Gandhi files nomination for maiden electoral battle from Wayanad after massive roadshow
BRICS nations agree to boost trade, financial settlement in local currencies
Thanks for visiting Udayavani
You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.