KEY POINTS

  • The husband claimed his wife has a small penis and no vaginal opening
  • She was allegedly undergoing hormonal treatment to rectify the condition
  • He discovered the truth when he tried to get intimate with her after marriage

A man in India approached the court against his wife and her father after he discovered she "was not a female." He alleged the woman's medical history showed she had "a penis and imperforate hymen."

The petitioner, whose identity has not been revealed, told India's Supreme Court Friday that the couple got married in 2016 but did not consummate the marriage until a few days after as she claimed she was menstruating, NDTV reported.

A week later after the wedding, when the man tried to get intimate with his wife, he found "no presence of a vaginal opening but a small penis, like a child," the petition claimed. He immediately took her to a hospital, where the medical team diagnosed her with an "imperforate hymen," a condition in which the hymen covers the opening of the vagina.

The man from Gwalior, a city in the central Indian state of Madhya Pradesh, told the court that the woman was advised to get her condition surgically repaired. But, the doctors said the chances of pregnancy were close to impossible.

After finding out his wife and her family had lied to him, the husband decided to file a police complaint against the woman and her father. He alleged they committed fraud by failing to disclose her medical condition before the wedding.

The man said the doctors at a local hospital had testified that the wife was diagnosed three years before the marriage and that she was undergoing hormonal treatment to correct the condition as she also had female organs, including ovaries.

Though the case was first tried in the Madhya Pradesh High Court, a cheating case could not be established as his arguments were "only on the basis of oral evidence and without medical evidence." However, the husband appealed against the verdict and the Supreme Court directed the woman to respond to the plea within six days.

"She is a man. It is definitely cheating. Please, look at the medical records. This is not a case of some congenital disorder. This is a case where my client has been cheated by getting married to a male. She definitely knew about her genitals," the man's lawyer reportedly argued.

The petitioner said in his plea that his wife and her father should face the consequences in law for deceiving him and ruining his life.

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Representative image Credit: Pixabay