A man has filed a petition in the Supreme Court alleging that his wife cheated him by having male genital organs, which prevented the marriage from being completed.
The Madhya Pradesh High Court had quashed a cheating case filed by the husband against the wife under Section 420 of the Indian Penal Code, according to Hariom Sharma’s petition.
After hearing arguments from Senior Advocate NK Mody, who represented the husband, a Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundresh served notice on the petition on Friday last week.
Sanjay Kishan Kaul and MM Sundresh, Justices
Sanjay Kishan Kaul and MM Sundresh, Justices
“The petitioner’s learned counsel has brought our attention to page 39, claiming that the respondent’s medical history shows “Penis + Imperforate hymen,” implying that the respondent is not a female. Send out a notice that must be returned within four weeks “According to the Supreme Court’s order.
On the basis of oral evidence, the Madhya Pradesh High Court dismissed the case, finding that no crime under Section 420 could be established against the wife.
In 2016, the petitioner and respondent married. When the husband attempted to consummate the marriage, he discovered that the wife had a childish penis and no vaginal opening. The woman was later diagnosed as having “imperforate hymen.”
According to the expert, even if an artificial vagina is made, the chances of conceiving are slim to none. When the man requested that his father-in-law return his wife, he was allegedly abused and physically assaulted.
He later filed a petition in court for the dissolution of his marriage, claiming that his wife was unable to marry him.
The woman filed a Section 498A suit against the husband after conciliation failed. Later, the husband filed a private case with the magistrate, alleging adultery and other offences against the wife and her father.
Despite the fact that the trial court denied the motion due to a lack of medical proof, the wife refused to submit to a medical examination. As a result, the trial court came to the prima facie conclusion that the husband’s allegations were true.
On appeal, the High Court overturned the trial court’s decision, stating that the Section 420 offence could not be shown in the lack of medical proof. Despite the fact that the petitioner was unable to produce evidence due to the COVID-19 outbreak, the court granted the motion.
This is what sparked the current Supreme Court appeal.
The husband’s appeal was filed through lawyer Praveen Swarup.
Case: Hariom Sharma vs Priyanka Sharma.
