On March 11, the Supreme Court issued a notice regarding a petition from a husband accusing his wife of cheating by concealing that she was not physiologically female at the time of their marriage.
The husband argues that his wife’s medical condition, including the presence of a penis and an imperforate hymen, was hidden from him, which he claims constitutes cheating under Section 420 of the Indian Penal Code.
The husband contends that his wife was diagnosed with Congenital Adrenal Hyperplasia (CAH) but did not disclose this condition, leading to the accusation of cheating. He states that after their marriage in July 2016, the marriage was not consummated for several days, and when he attempted to do so, he discovered the absence of a vaginal opening. A subsequent medical check-up revealed the wife had an imperforate hymen.
The husband further claims that his wife later had another medical check-up, which confirmed she had CAH, a condition where female genitals may resemble male ones, and was prescribed hormonal treatment.
The husband also alleges that his father-in-law and others forcibly entered his home, abused him, and threatened him after he refused to keep his wife in the matrimonial home.
After these events, the husband filed a case, but the High Court dismissed his complaint, noting that without medical evidence, no offense under Section 420 could be established. The court found no adverse findings in the wife’s medical report from a hospital in Gwalior.
A Bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh has now issued a notice in the special leave petition challenging the Madhya Pradesh High Court’s decision and seeking to overturn the Trial Court’s dismissal of the cheating charges.
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