Lawstreet Journal

Plea Of Violation Of Privacy Or Fundamental Right Not Tenable To Resist Gender Detection Test By Parties In Matrimonial Disputes: MP HC [Read Judgment]

Lawstreet Journal 10 Oct 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary Plea Of Violation Of Privacy Or Fundamental Right Not Tenable To Resist Gender Detection Test By Parties In Matrimonial Disputes: MP HC [Read Judgment]

The Madhya Pradesh High Court on October 4, 2019, in the case of Smt. Surbhi Trivedi v. Gaurav Trivedi, has held that in matrimonial disputes, if gender of one of the parties is questioned by the other party, the court may direct such a party to undergo medical examination and the plea of violation of privacy or any fundamental right is not tenable.

The order was passed by a single judge bench of Justice Subodh Abhyankar on a petition filed by the petitioner/wife under Article 227 of the Constitution of India against the orders passed by the Principal Judge, Family Court, Jabalpur, whereby the learned Judge, by accepting an application filed by the respondent/husband under Section 151 of the Code of Civil Procedure, 1908, has directed that the gender of the petitioner be verified by a Government lady doctor.

Background

In this case, it was the petitioner/wife who first moved the Family Court by filing an application under Section 9 of the Hindu Marriage Act, 1955. Along with a reply to the said application, the respondent filed an application under Section 151 of CPC with a prayer that as the petitioner lacks womanly attributes and is a transgender hence she be examined medically.

The petitioner opposed the application on the ground that the marriage between the parties was solemnized on 22.11.2009 and since last eight years the husband has never raised this issue before any authority and suddenly he has realized that the petitioner is transgender, which in… Continue Reading...


Tagged: Madhya Pradesh High Court  
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