Gwalior, March 14: Supreme Court gets an interesting case as a man has sought criminal action against his wife for cheating and fraud, alleging she has “external male genital structure”.
The medical report of the wife states that she is biologically female, with ovaries, and identifies as a woman. It also mentions that she has “external male genitalia” such as an “imperforate hymen and penis”.
The Supreme Court agreed to hear the plea filed by a Gwalior man who has accused his wife and father-in-law of “cheating” after he found that his wife has “male genital structure”.
The top court of the country was initially reluctant to take up the matter but has issued notice to the woman after taking note of the medical report.
According to the appellant, the couple got married in 2016, but the wife declined to consummate the marriage for a few days. When the couple tried to consummate the marriage, the husband discovered there were some “male” characteristics to her genitalia.
The husband took his wife for a medical check-up, which revealed that she has a genetic disorder called congenital adrenal hyperplasia, due to which her external sexual organs look like a male child’s. She was also advised to go through surgery to correct the situation.
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The man then sent his wife back to her parents and claimed that he had been “cheated”. There were several altercations between the two families, with the woman’s family moving an FIR for cruelty against the husband. The man then filed a case of cheating under section 420 of the IPC and tried to show that the wife and father-in-law had committed fraud by failing to inform him of her medical condition.
The Gwalior man’s appeal also stated that doctors at a local hospital had testified that the wife was diagnosed three years before the marriage, and was also undergoing hormonal treatment to correct the medical condition.
The doctor also confirmed that while she has “female organs”, due to her condition it is likely that consummation of marriage and children would not be possible.
While the hearing was ongoing, the trial court issued notice to the woman, who declined to undergo a court-mandated medical examination and moved to the Madhya Pradesh High Court against the trial court order taking cognizance of the case.
The Madhya Pradesh High Court dismissed the charges, noting that according to the medical reports, she has the appropriate female characteristics and organs, and therefore the offence of cheating is not made out.
The husband has now appealed to the Supreme Court with the argument that the wife’s family had committed fraud by failing to inform him about her medical condition. He has also claimed that he had also borne all expenses of the wedding, to which the wife’s family had not contributed financially.
During a brief hearing before the bench of justices SK Kaul and MM Sundresh, senior advocate NK Mody, appearing for the appellant, argued that a clear case of the offence of “cheating” is made out.
The court has for now issued notice to the wife and father-in-law. It will next hear the matter in April.
