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.
Justices Sanjay Kishan Kaul and MM Sundresh on Friday asked the woman to file a reply to her husband's petition challenging a Madhya Pradesh High Court order of July 29, last year.
The medical history of the woman shows "penis + imperforate hymen", so she is not a female, the Supreme Court said issuing notice to her to respond within four weeks.
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.
The man's petition says 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.
The petition says when the man tried to get intimate with his wife, he found "no presence of a vaginal opening and found she had a small penis, like a child".
The petitioner took his wife for a medical check-up and the diagnosis was that she has a medical problem called "imperforate hymen". Imperforate hymen is a condition in which the hymen covers the opening of the vagina.
The man says his wife was advised to get her condition surgically repaired but the doctor said the chances of pregnancy were close to impossible.
The petitioner said he felt cheated and called his father-in-law, asking him to take his daughter back.
According to the petition, the woman had a surgery and then returned to her husband after her father allegedly barged into his house and threatened him.
The man later filed a complaint with the police and approached the court seeking a divorce.