'She Is A Man': Husband Moves SC Seeking Cheating Case As Wife Conceals Male Genitals

In a rather unusual case, the Supreme Court on Friday issued a notice in a petition moved by a husband seeking a cheating case against his wife for allegedly concealing the fact she was physiologically not a female at the time of marriage.

Initially reluctant to entertain the petition, a bench of justice Sanjay Kishan Kaul and MM Sundresh sought a response from the wife after the man adduced a medical report disclosing that his wife has a penis and an imperforate hymen. An imperforate hymen is a congenital disorder where a hymen without an opening completely obstructs the vagina.

However, representing the man, senior advocate NK Mody told the bench that a criminal offence under Section 420 (cheating) of the Indian Penal Code is subjected in the regard as the wife turned out to be a 'man'.

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¡°She is a man. It is definitely cheating. Please, look at the medical records. This is not a case of some congenital disorder. This is a case where my client has been cheated by getting married to a male. She definitely knew about her genitals,¡± reports quoted Mody.

The senior counsel was arguing against a Madhya Pradesh high court judgment in June 2021 quashing an order of a judicial magistrate who issued summons to the wife after taking cognisance of the cheating charge. Mody complained that there is sufficient medical evidence to show that the wife cannot be said to be a woman because of an imperforate hymen.

¡°Not only the ¡®wife¡¯ has an imperforate hymen but a penis too. The medical report of a hospital says it clearly. When there is a penis, how can she be a female?¡± Modi said.

AFP

Mody further said the man wants the FIR to be prosecuted properly and the wife along with her father should face the consequences in law for deceiving him and ruining his life.

The bench then issued notices to the wife, her father, and Madhya Pradesh Police, seeking their replies within six weeks.

The court further noted that there is also a criminal case lodged by the wife against the man under Section 498A (cruelty) of the IPC as Mody informed the bench that the case against his client is also pending.

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