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A woman has been asked by the Supreme Court to respond to her husband’s plea seeking divorce on the grounds that she is “not a female.” The man made the claim based on medical reports. He says he feels cheated. The situation is unfolding in Deli, India.
Justices Sanjay Kishan Kaul and MM Sundresh on Friday asked the woman to file a reply to her husband’s petition, challenging a Madhya Pradesh High Court order of July 29, last year.
The medical history of the woman shows “penis + imperforate hymen”. The Supreme Court said she is not a female, issuing notice to her to respond within four weeks.
The High Court dismissed the man’s petition saying “only on the basis of oral evidence and without medical evidence”, a cheating charge could not be established.
MARRIAGE WAS NOT IMMEDIATELY CONSUMMATED
The man’s petition says the couple married in 2016, but his wife “did not consummate their marriage for some days claiming she was menstruating”. She left and returned after six days.
The petition says when the man tried to get intimate with his wife, he found “no presence of a vaginal opening. He said she had a small penis, like a child”.
The petitioner took his wife for a medical check-up and the diagnosis was that she has a medical problem called “imperforate hymen”. Imperforate hymen is a condition in which the hymen covers the opening of the vagina.
The man says his wife was advised to get her condition surgically repaired but the doctor said the chances of pregnancy were close to impossible.
The petitioner said he felt cheated. He called his father-in-law, asking him to take his daughter back.
The petition said, the woman had a surgery and then returned to her husband after her father allegedly barged into his house and threatened him.
The man later filed a complaint with the police and approached the court seeking a divorce.
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