The Supreme Court has given notice to a wife about the husband’s request for a divorce (File)
New Delhi:
The Supreme Court has issued a notice to a wife of her husband’s application for a divorce on the grounds that he has been cheated on because of his spouse’s medical history failing to disclose she is not ‘ women’.
A bench of Judges Sanjay Kishan Kaul and MM Sundresh on Friday asked the wife to file a response to her husband’s lawsuit challenging a bench by Gwalior by order of the Madhya Pradesh High Court of July 29. -2021.
“Trained Attorneys for Plaintiffs brought to our attention regarding page 39 to claim that the defendant’s medical history showed ‘Pile + hymen unabsorbed’, thereby being the applicant is not a woman. The notice of release may be returned in four weeks,” the court said.
The man objected to the judgment of July 29, 2021 passed by the High Court of Madhya Pradesh, Bench in Gwalior, according to which the Court order of May 6, 2019 hearing on the perception of defendant the petition was set aside and the petitioner’s (man’s) separate complaint was dismissed on the basis that, based solely on oral evidence and without any medical evidence, no action was taken. Any offense under Section 420 (fraud) of the Indian Penal Code (IPC), 1860 is introduced.
The lawsuit filed through advocate Praveen Swarup says the marriage of man and woman was solemnized in July 2016. The lawsuit states that after the solemn marriage, the wife was not consummated for several days with the reason she’s going through her period and after. She left her wife’s house and returned after 6 days.
The application also said that later, when the husband tried to have sex again, he discovered that there was no longer a vaginal hole and that she had a small penis, like a child. After discovering this, the petitioner took his wife for a medical examination and it was diagnosed that she had a medical problem called ‘hymenal mismatch’ (A medical condition in which the hymen covers the entire vaginal opening), the lawsuit states.
The petition further mentions that the woman was advised to undergo surgical repair but the doctor also told the petitioner that even with an artificial vagina through surgery, fullness can be achieved. But the possibility of pregnancy is almost impossible. After this medical examination, the complainant felt cheated, so he called his wife’s father to bring his daughter home.
According to the petition, the woman had surgery and then returned to her husband’s home after the woman’s father allegedly forcibly entered the man’s home threatening him to keep the daughter at his home.
The man then filed a complaint with the local police and filed a court application for a divorce.
