New Delhi: A woman has been asked by the Supreme Court to respond to her husband’s plea seeking divorce on the grounds that she is ‘not a female’ according to medical reports and he feels cheated.
The husband contended that his wife is not a female due to presence of a penis and an imperforate hymen, and the concealment of this fact from him amounts to the offence of cheating under Section 420 of the Indian Penal Code.
The plea filed by Hariom Sharma challenged a decision of the Madhya Pradesh High Court which had quashed 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 after hearing arguments by senior advocate N K Mody who appeared for the husband.
The High Court had dismissed the man’s petition saying ‘only on the basis of oral evidence and without medical evidence’, a cheating charge could not be established.