The Supreme Court has issued a notice to respond to her husband's plea seeking divorce stating that he was cheated as the medical history of the woman shows 'Penis+imperforate hymen', which means she is not a female.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh on Friday asked the woman to file a reply to the petition filed by her husband challenging a Gwalior bench of Madhya Pradesh High Court order dated 29-07-2021.
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.
In the petition filed by the man, it was mentioned that the couple married in 2016 but his wife "did not consummate their marriage for some days claiming she was menstruating". She left and returned after six days. It is also said that, the man found "no presence of a vaginal opening and found she had a small penis, like a child". He took the woman for a medical check-up and it was found that she has a medical problem "imperforate hymen", a condition in which the hymen covers the opening of the vagina.
According to the petition, the woman had surgery and then came back to her husband after her father allegedly entered the house of man and threatened him. The man later filed a complaint in the local police station.