The man claimed that his wife was a transgender person and that she could not file a domestic violence case against him since she was not a biological woman.
The Delhi High Court today refused to entertain a writ petition filed by a man requesting the Court to direct the Delhi Police to conduct a gender test on his wife at a Central government hospital [Sumit Kataria V/s Commissioner of Police & Ors.].
Justice Sanjeev Narula questioned the admissibility of such a writ petition, noting that the issue primarily pertains to a matrimonial matter, and declined to assess the case on its merits.
“This is a purely matrimonial matter. A writ petition cannot be initiated against a private person … You are asking for gender test, this has wide ramifications. Even more so since it is your wife,” Justice Narula observed.
The man alleged that his wife was a transgender person and, as such, could not file a domestic violence case against him since she was “not a woman.”
He sought a gender test to support his claim regarding her gender identity.
Although the High Court declined to entertain the plea, it granted him the liberty to seek appropriate relief in the court where his matrimonial case is pending.
He further alleged that his wife had concealed her transgender identity, deceiving him into marrying her in 2020. He also claimed that she refused to consummate the marriage, citing various reasons, and eventually left the matrimonial home.
He later discovered that she was transgender, which he said caused him mental distress and violated his right to a legitimate marital relationship under Article 21 of the Indian Constitution.
He also alleged that his wife had filed several false cases against him, including accusations of domestic violence, dowry demands, and claims for maintenance.
However, he argued that the domestic violence case was invalid because his wife is not a biological woman. For the same reason, he contended that he is not required to pay her maintenance, claiming that matrimonial laws apply only to wives who are biologically female.
