Man thinks his wife is not ‘female’, files cheating case in Supreme Court
New Delhi: In one of the curious cases that has come before the Supreme Court, the man has filed a case seeking a divorce from his wife, accusing her of not revealing this information before the wedding that she is not a ‘female’.
Based on the plea, the Apex Court has not issued notice to the woman seeking her response.
The case, which is being heard by Justices Sanjay Kishan Kaul and MM Sundresh, directed the woman to file her reply to her husband’s plea. It may be noted that the case was first filed at the Gwalior bench of Madhya Pradesh High Court.
The court said that the learned counsel for the petitioner has drawn our attention inter alia to page 39 to contend that the medical history of the respondent shows "Penis + Imperforate hymen" thus respondent is not a female. Issue notice returnable in four weeks, the court said.
Earlier, when the case was first filed at MP Court, the Court had rejected the petition of the man stating that merely on the ground of oral evidence and without any medical evidence, the case of cheating cannot be considered under Section 420 of the Indian Penal Code (IPC).
The advocate representing the man, Praveen Swarup said that the couple got married in July 2016. The woman first refused to have intercourse saying that she is passing through her menstrual cycle. “ Later in the day, when the man tried for intercourse, he found that the woman had no vaginal opening. Besides this, she had an organ that looked like a male reproductive organ.
The counsel that his client got the medical examination of his wife where it was found that the woman has a medical problem called 'Imperforate hymen' (A medical condition in which hymen covers the whole opening of the vagina), the petition said.
“ The doctor advised the couple to undertake a surgery route to have an artificial vagina and a required opening. However the doctors made it clear that the surgery may help the man in sexual intercourse, but it will not allow the woman to conceive”, he said.
The petitioner felt that he has been cheated by the wife and thus he needs a divorce.