A Bench of the Supreme Court comprising of Justice S. K. Kaul and Justice M. M. Sundresh issued notice on Friday in a SLP filed by a husband challenging quashing of his complaint against his wife under Section 420 of the Indian Penal Code alleging that his wife does not possess female characteristics.
The petition was filed challenging the judgment of the Madhya Pradesh High Court of July, 2021 quashing the criminal proceedings initiated by the husband for offence under Sections 420 and 448 of the Indian Penal Code.
Senior Advocate N. K. Mody appearing for the petitioner husband submitted before the Bench that the medical history of the Respondent i.e., the wife shows "Penis and Imperforate Hymen" which suggests that the Respondent is not a woman.
"She is a man. It is definitely cheating", said the Senior Advocate.
The Court issued notice to the wife and her father, returnable in four weeks.
"Learned counsel for the petitioner has drawn our attention inter alia to page 39 to contend that the medical history of the respondent shows "Penis + Imperforate hymen" thus respondent is not a female", the Bench notes in its order.
The wife and her father had approached the High Court seeking quashing of the order of the Magistrate taking cognizance of offences under Sections 420 and 448 of IPC on the complaint of the husband.
The husband had submitted before the High Court that his wife does not possess female characteristics.
On the basis of these allegations of the husband, the wife was examined at a hospital in Gwalior and the High Court held that nothing adverse was found in the report, on the basis of which it could be said that the wife does not possess female characteristics. Hence, due to the lack of medical evidence, the High Court allowed the petition, quashing the criminal proceedings.