The husband appealed to the Supreme Court: my wife is not a woman, she is a man … how to live with her, know a strange case

Supreme Court: A strange petition was filed on Friday in the Supreme Court, in which a husband accused his wife of cheating and said she is a man, not a woman. She has male genitals, so how am I supposed to be with her? The husband also said in the petition filed in court that the wife and her father knew about it, but her father deliberately married her to me. The husband has also submitted the woman’s medical report to the court. The research report also says that there are male genitals in the said woman, so she cannot establish a relationship. In this situation, the husband has alleged that how can he live with her. Criminal proceedings should be instituted against his wife and father-in-law. The Supreme Court has agreed to consider this request from the husband.Read also: Gangster father Lawrence Bishnoi approached the Supreme Court and said: no lawyer is ready to fight my son’s case

After considering this request, a bench of Judge Sanjay Kishan Kaul and MM Sundaresh has requested a response from the man’s wife. The husband has also submitted a medical report of the woman in this regard, which has revealed that both a male penis and an incomplete hymen are present in his wife. Read also – Maharashtra Political Crisis LIVE UPDATES: Another Shiv Sena MLA likely to join Eknath Shinde camp tomorrow: Sources

The husband asks the court: my wife is not a woman, she is a man … Read also – Relief to the Shinde faction until July 11: the Supreme Court asked: why did not go first to the High Court, got the answer: life is in danger, the case can not be fought in Bombay

The lead lawyer, NK Modi, who appeared for the husband, told the court that this was a criminal case under section 420 (deception) of the Penal Code of India as the report of research showed that the woman was a “man”. So it’s definitely a case of deception. Modi has said so, please see the medical history on this. It is not a case of any congenital disorder. This is a case where my client has been tricked into marrying a man. I definitely knew his genitals belonged to a man. “

The lead lawyer was arguing against the decision of the High Court of Madhya Pradesh in June 2021 overturning an order of a judicial magistrate, who had issued a summons to the woman after learning of the charge of deception. . Modi complained that there is enough medical evidence to show that a woman cannot be called a woman because of an incomplete hymen.

At this point, the court asked, “Can you say the penis is not there simply because there is an incomplete hymen? The medical report says your ovaries are normal.”

Modi replied, “Not only does the ‘woman’ have a female gender, but there is also a male gender. The hospital’s medical report says so clearly. When she has a male gender, how can she be a woman?”

The bank then asked Modi, “What is your customer really asking for?”

To this, Modi said the man wanted the FIR to be properly prosecuted and the woman to be punished with legal consequences for cheating on her father and ruining her life.

The court also said that a criminal case has also been filed against the man by the woman under section 498A (cruelty) of the CPI. The court has now issued a notice to the accused woman, her father and Madhya Pradesh police and requested a response within six weeks.

In May 2019, a Gwalior magistrate became aware of the charge of cheating the woman in a complaint filed by the man. He alleged that after his marriage in 2016, he learned that the woman had a male genitalia and that he was physically unable to complete the marriage. The man had approached the magistrate in August 2017 to register an FIR against the woman and her father.

The woman, on the other hand, claimed that the man treated her cruelly for an additional dowry and lodged a complaint with the Family Counseling Center, where the man reaffirmed that she was a woman.

Meanwhile, the woman was medically examined at a hospital in Gwalior. In addition, the Judicial Magistrate recorded the statements of the man and his sister and, upon learning of the criminal complaint, cited the accused wife and his father.

Damaged by the summons, the woman and her father went to the High Court, which admitted their appeal in June 2021 and overturned the magistrate’s order. The Court held that the medical evidence was not sufficient to prosecute the woman and the magistrate had erred in giving too much credibility to the man’s statements.

Gender expert Daniela Mendonca said that while an imperfect hymen can be considered an intersex variation, a person’s gender identity — male, female, or trans — is based on their own identity, regardless of genitals. This was confirmed by the Supreme Court in its 2014 judgment of the Union of India against the National Authority for Legal Services (NALSA).

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