Man moves Supreme Court, accuses wife with external male genitalia of cheating and fraud
India Today
A man has approached the Supreme Court seeking criminal action against his wife for cheating and fraud after he discovered she has "external male genital structure".
What defines gender and sex? An interesting case has come up before the Supreme Court as a man has sought criminal action against his wife for cheating and fraud, alleging she has "external male genital structure".
The medical report of the wife states she is biologically female, with ovaries, and identifies as a woman. It also mentions that she has "external male genitalia" such as an "imperforate hymen and penis".
The Supreme Court on Friday agreed to hear the plea filed by a Gwalior man who has accused his wife and father-in-law of "cheating" after he found that his wife has "male genital structure".
The top court was initially reluctant to take up the matter, but has issued notice to the woman after taking note of the medical report.
According to the appellant, the couple got married in 2016, but the wife declined to consummate the marriage for a few days. When the couple tried to consummate the marriage, the husband discovered there were some "male" characteristics to her genitalia.
READ | Adult transgenders have right to reside anywhere in the country as per their wish: Bombay HCThe husband took his wife for a medical check-up, which revealed that she has a genetic disorder called congenital adrenal hyperplasia, due to which her external sexual organs look like a male child’s. She was also advised surgery to correct the situation.
The man then sent his wife back to her parents and claimed that he had been "cheated". There were several altercations between the two families, with the woman’s family moving an FIR for cruelty against the husband. The man then filed a case of cheating under section 420 of the IPC, and tried to show that the wife and father-in-law had committed fraud by failing to inform him of her medical condition.
