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The petitioner alleged that his wife is a transgender, a fact that was allegedly fraudulently concealed at the time of his marriage and is now causing him mental trauma.
Justice Sanjeev Narula remarked the case is a “pure and pure matrimonial dispute” and asked the husband to seek proper remedies in law as a writ petition is not maintainable.
“This is a matrimonial dispute. Make a request to the concerned court. No writ can lie against a private individual,” the court said.
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The petitioner’s counsel said he will avail the remedies available to him.
In his petition, the husband claimed that he was deceived into marrying his “transgender” wife which violated his right to a legitimate marital relationship under Article 21 of the Indian Constitution.
The plea stated that the wife has filed several cases against him for maintenance, domestic violence and dowry allegations, but those are not maintainable as she is a transgender and not a woman.
Seeking his wife’s medical examination at any central government hospital, the petitioner said in the plea that his “life has been severely affected and tarnished by this misrepresentation and he has suffered immense mental trauma”.
“Respondent No. 02, Wife, in counter blast, has filed false and frivolous cases against the petitioner, including applications for maintenance, domestic violence, and dowry allegations, which are meant exclusively for women. The petitioner submits that if Respondent No.02, Wife, is indeed a “Transgender,”… she can’t be classified as a ‘Woman’ within the meaning and scope of the legislations covering the above aspects of a matrimonial sphere, and thus, the cases filed by the Respondent No.2, wife, under the said legislations as a ‘woman’ should be dismissed as untenable,” the petition said.