A man filed a criminal suit in the High Court of India against his wife, accusing her of fraud after a shocking discovery on their wedding night. According to several Indian newspapers and websites, the High Court agreed to hear a petition where the man accused his wife and her father of "deception" after he found that his wife had "male genital structures."
As part of the case, a medical examination was conducted on the wife, and the medical report stated that she is biologically female, has ovaries, a healthy hymen, and is recognized as a woman. It was also noted that she possesses "male external genitalia," resembling a "male organ."
The High Court was initially hesitant to take up the matter but issued a notice to the woman after reviewing the medical report. According to the husband, the couple married in 2016, but the wife refused to consummate the marriage for several days. When they attempted to finalize their marriage, the husband discovered some "male" features in her genitalia. He took her for a medical exam, which revealed that she had a genetic disorder known as Congenital Adrenal Hyperplasia, which causes her external genitalia to appear like a male child. Surgery was recommended to correct the condition.
The husband then returned his wife to her parents and claimed he had been "deceived." There were multiple altercations between the two families, as the wife's family filed a lawsuit against the husband, accusing him of cruelty toward her. In return, the man filed a fraud case, attempting to show that the wife and her father committed fraud by not disclosing her health condition.
The husband's suit also stated that local doctors testified that the wife had been diagnosed three years before the marriage and was undergoing hormone treatment to correct her medical condition. In his testimony before the court, the doctor stated that while she has "female organs," due to her condition, she likely would not be able to lead a normal marital life and may also struggle with issues related to conception.
During the hearing, the lower court issued a notice to the woman, who refused to undergo a court-mandated medical examination and appealed against the court's order. The High Court dismissed the charges, stating that according to medical reports, she has female traits and appropriate organs, thus failing to substantiate a fraud crime.
The husband has now approached the High Court arguing that the wife's family committed fraud by not informing him of her health condition. He also claimed that he bore all wedding expenses without financial contribution from the wife's family.
During a brief hearing before a panel of judges last Friday, a senior lawyer representing the plaintiff argued that a clear case of "fraud" had been established. He added, "She is a man. It is definitely fraud. Please, look at the medical records. This is not a case of some congenital disorders. This is a case where my client was deceived by marrying a man."
The court has currently issued a notice to the wife and her father and will hear their testimony next April.
