On March 11, the Supreme Court issued a notice regarding a petition filed by a husband who accused his wife of cheating by concealing her physiological condition at the time of their marriage. The husband alleged that his wife is not biologically female, citing the presence of a penis and an imperforate hymen, which he claims were hidden from him, thus constituting the offense of cheating under Section 420 of the Indian Penal Code.
The husband claimed that his wife had been diagnosed with “Congenital Adrenal Hyperplasia” (CAH) prior to their marriage, a condition that was not disclosed to him. He argued that this amounted to deception on the part of his wife and her father.
The couple got married in July 2016, but the marriage was not consummated, as the wife soon left the matrimonial home. When the husband attempted to consummate the marriage, he discovered the absence of a vaginal opening. After taking his wife for a medical examination, it was confirmed that she had an imperforate hymen, a condition where the hymen completely covers the vaginal opening.
Subsequent medical checks revealed that the wife had been diagnosed with CAH three years earlier, a condition where a female’s clitoris is enlarged or the genitals appear more male-like. The husband also alleged that his father-in-law and others forcibly entered his home, used abusive language, and threatened him with violence for refusing to keep his wife in the matrimonial home.
After these events, the husband filed a case in court. However, the High Court dismissed his complaint, stating that without medical evidence, no offense under Section 420 of the Indian Penal Code could be established. The High Court further noted that the wife’s medical report did not show any adverse findings.
A Supreme Court Bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh has now issued a notice in response to the special leave petition filed against the Madhya Pradesh High Court’s decision, which had overturned the Trial Court’s order to take cognizance of the cheating offense against the wife and her father.
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