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 declined to consider a writ petition submitted by a man seeking a directive for the Delhi Police to perform a gender test on his wife at a Central government hospital [Sumit Kataria V/s Commissioner of Police & Ors.]. Justice Sanjeev Narula raised concerns about the admissibility of such a writ, emphasizing that the matter primarily relates to marital issues, and chose not to evaluate 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 claimed that his wife was a transgender individual and, therefore, could not file a domestic violence case against him because she was “not a woman.” He requested a gender test to substantiate his assertion about her gender identity. While the High Court did not entertain the plea, it allowed him the option to seek appropriate relief in the court where his matrimonial case is ongoing. Additionally, he alleged that his wife had hidden her transgender identity, misleading him into marrying her in 2020. He further stated that she refused to consummate the marriage, offering various excuses, and eventually left their matrimonial home.
He later learned that she was transgender, which he claimed 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 multiple false cases against him, including allegations of domestic violence, demands for dowry, and requests for maintenance.
He argued, however, that the domestic violence case was invalid since his wife is not a biological woman. For the same reason, he maintained that he is not obligated to pay her maintenance, asserting that matrimonial laws apply solely to wives who are biologically female.
