New Delhi: The Delhi High Court on October 23, 2024, declined to entertain a husband’s writ petition seeking directions for a gender test on his wife, citing wide-ranging implications.
The plea was dismissed by a bench led by Justice Sanjeev Narula, who questioned the maintainability of such a request in a private matrimonial dispute.
The petitioner, Sumit Kataria, had approached the High Court alleging that his wife was a transgender person and, thus, could not legally initiate domestic violence proceedings against him.
He claimed that as per Indian matrimonial laws, cases of domestic violence and maintenance can only be initiated by a biological female, contending that his wife did not qualify.
Justice Narula’s Observations:
Justice Narula underscored that a writ petition against a private individual in a matter that is “purely matrimonial” was beyond the jurisdiction of the Court. “You are asking for a gender test, this has wide ramifications. Even more so since it is your wife,” observed Justice Narula.
The Court advised the petitioner to seek appropriate relief in the matrimonial court where his case is currently pending.
Allegations by the Husband
The petitioner claimed that his wife had concealed her gender identity and deceived him into marrying her in 2020. He alleged that she refused to consummate the marriage and eventually left the matrimonial home.
Further, he stated that he later discovered his wife was a transgender person, causing him mental anguish and affecting his right to a legitimate marital relationship as guaranteed under Article 21 of the Constitution of India.
The husband also argued that due to his wife’s alleged gender identity, the domestic violence case initiated by her and demands for maintenance were not legally sustainable.
Advocate Abhishek Kumar Choudhary, representing the husband, argued that all relevant matrimonial laws in India pertain to a wife who is biologically female.
However, the Delhi High Court declined to entertain the plea for a gender test and refused to examine the matter on its merits, citing jurisdictional issues.
The Court did, however, grant the husband liberty to pursue relief in the court handling their ongoing matrimonial dispute.
Case Details
- Parties Involved: Sumit Kataria v. Commissioner of Police & Ors.
- Bench Details: Justice Sanjeev Narula
- Focus Keyword: Husband’s Plea for Gender Test