"Wife is not female:" Plea by man before Supreme Court claims he was cheated as wife has male genitalia

A plea has been filed before the Supreme Court by a man claiming that his wife cheated him since she has male genital organs as a result of which the marriage could not be consummated [Hariom Sharma vs Priyanka Sharma]..The plea filed by Hariom Sharma challenged a decision of the Madhya Pradesh High Court which had quashed a cheating case filed by the husband against the wife under Section 420 of the Indian Penal Code. A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundresh issued notice on the plea on Friday last week after hearing arguments by Senior Advocate NK Mody who appeared for the husband.."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. Issue notice returnable in four weeks," the order by the top court said..The Madhya Pradesh High Court had dismissed the case stating that no offence under Section 420 could be made out against the wife on the basis of oral evidence..The petitioner and respondent got married in 2016. When the husband tried consummating the marriage, he discovered the wife had a child-like penis and no vaginal opening. Later the wife was diagnosed with "imperforate hymen."The doctor stated that even if an artificial vagina is created, the chance of pregnancy was close to impossible. When the man asked his father-in-law to take his wife back, he was allegedly abused and threatened of physical assault..He later moved court seeking dissolution of marriage on the ground that his wife could not consummate marriage with him.After conciliation proceedings failed, the wife lodged a Section 498A complaint against the husband. Later, a private complaint was filed before the magistrate by the husband alleging cheating among other charges against the wife and her father..Though the trial court rejected the application on ground of no medical evidence, the wife did not comply with orders of undergoing medical examination. Due to this reason, the trial court came to the prima facie conclusion that the husband was correct in his allegations..Later the High Court on appeal set aside the trial court finding since it said in the absence of medical evidence, Section 420 offence cannot be made out. This was despite the fact that the petitioner could not submit evidence owing to COVID-19 pandemic.This prompted the present appeal before the Supreme Court..The plea by the husband has been filed through advocate Praveen Swarup..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.