SC issues notice to spouse on husband's plea seeking divorce alleging 'wife is not female'

The Supreme Court has issued a notice to a wife on the husbands plea seeking divorce on the ground that he has been cheated as the medical history of his spouse did not reveal she was not a femaleA bench of Justices Sanjay Kishan Kaul and MM Sundresh on Friday asked the wife to file a reply to the husbands petition challenging a Gwalior bench of Madhya Pradesh High Court order dated 29072021Learned 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 saidThe man has challenged judgment dated 29 July 2021 passed by the High Court of Madhya Pradesh Bench at Gwalior whereby Trial Courts order dated 6 May 2019 taking cognizance against respondent that was set aside and the private complaint filed by the petitioner man was dismissed on the ground that only on the basis of oral evidence and sans any medical evidence no offence under Section 420 cheating of the Indian Penal Code IPC 1860 is made outThe petition filed through advocate Praveen Swarup said that the man and womans marriage was solemnized in July 2016 The petition said that after solemnization of marriage the wife did not consummate for a few days on the pretext that she is undergoing a menstrual cycle and thereafter she left the matrimonial house and returned after a period of 6 daysThe petition also said that later when the husband again tried to consummate he found that there was no presence of vaginal opening and she had a small penis like a child Post this discovery the petitioner took his wife for a medical checkup where it was diagnosed that she has a medical problem called Imperforate hymen A medical condition in which hymen covers the whole opening of the vagina the petition saidThe petition further mentioned that the woman was advised to undergo surgical repair but the doctor also told the petitioner that even if an artificial vagina is created through surgery consummation may take place but the chances of getting pregnant are close to impossible After this medical examination the petitioner felt cheated and called up the father of his wife to take his daughter backAccording to the petition the woman underwent surgery and then returned to her husbands house after the womans father allegedly forcibly entered the mans house threatened him to keep his daughter at his houseThe man later filed a complaint before local police and a petition in court seeking a divorceThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever