Recently, the Delhi High Court dismissed a writ petition filed by a husband seeking the medical examination of his wife for gender determination, alleging that she is transgender. The petition was dismissed by Justice Sanjeev Narula, who stated, “This is purely a matrimonial matter. A writ petition cannot be initiated against a private person. You are asking for a gender test, which has wide ramifications, especially since it involves your wife.”
In his petition, the husband claimed that his wife had concealed her transgender status from him, which he viewed as fraudulent. He alleged that she had refused to consummate their marriage and, when he began questioning her about this, she left their matrimonial home.
The husband argued that his fundamental right under Article 21, which ensures the right to a legitimate marital relationship, had been violated. He described experiencing significant mental trauma and claimed that his life had been severely impacted. As a remedy, he requested the Court to direct the Delhi Police to conduct a gender test on his wife at a Central government hospital.
Conversely, the wife has filed multiple cases against the husband for maintenance, domestic violence, and dowry, all of which the husband contended are not maintainable, asserting that only a biological woman has the right to file such cases.
Justice Narula emphasized that the matter is essentially a matrimonial dispute and reiterated that a writ cannot be issued against an individual. After some deliberation, the petitioner’s counsel, Mr. Abhishek Kumar Choudhary, indicated that he would like to withdraw the petition and explore other legal avenues available under the law.
This case highlights the complexities of personal relationships intertwined with legal rights and underscores the importance of addressing such disputes within the appropriate legal framework.
