The Supreme Court has issued a notice to a wife on the husband’s plea seeking divorce on the ground that he has been cheated as the medical history of his spouse did not reveal she was “not a female”, news agency ANI reported.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh on Friday asked the wife to file a reply to the husband’s petition challenging a Gwalior bench of Madhya Pradesh High Court order.
“The medical history of the respondent shows “Penis + Imperforate hymen, thus respondent is not a female. Issue notice returnable in four weeks,” the court said while issuing notice to the wife to respond to the petition.
The High Court dismissed the husband’s plea to file a cheating case against his wife saying it could be done only under medical evidence and not oral evidence.
The man mentioned in his petition that after their marriage was solemnized in 2016, his wife did not consummate for a few days on the pretext that she is undergoing a menstrual cycle and she left the matrimonial house and returned after a period of 6 days.
The petition also said that later when the husband again tried to consummate, he found that there was “no presence of vaginal opening and she had a small penis, like a child.” When he took her for a medical exam, she was diagnosed with “imperforate hymen” – a condition in which the hymen covers the opening of the vagina.
After this medical examination, the petitioner felt cheated and called up the father of his wife, to take his daughter back.
According to the petition, the woman underwent surgery and then returned to her husband’s house after the woman’s father allegedly forcibly entered the man’s house threatened him to keep his daughter at his house.
The man later filed a complaint before local police and a petition in court seeking a divorce.
Read all the Latest News India and Breaking News here
Comments
0 comment