A notable case has emerged in the Delhi High Court, where a man has petitioned for a medical examination to verify the gender identity of his wife, alleging deception about her gender prior to their marriage. This petition, which was presented by Advocate Abhishek Kumar Choudhary, requests that the Delhi Police facilitate the examination at a Central Government hospital.
The petitioner claims that his wife’s undisclosed transgender status has caused him significant mental distress, has been a barrier to consummating their marriage, and has led to numerous unfounded legal cases against him. He contends that his wife’s actions have encroached upon his rights and have complicated their marital relations, prompting him to question the legal definitions that currently govern their marriage under domestic violence and dowry laws.
Emphasizing the sensitivity of gender identity issues, the petition argues that the right to life and personal liberty under Article 21 of the Indian Constitution should equally apply to both spouses, thereby necessitating transparency and honesty in their marital relationship.
The plea also asserts that the petitioner should not be held liable for maintenance or subjected to accusations under specific legal statutes if his claims are substantiated, given that the legal recognition of his wife as a woman would be called into question.
