MP High Court Junks Woman’s Plea To Call Medical Expert In Maintenance Proceedings To Verify ‘Trans’ Husband’s Physical Status

Agreeing with the family court’s order, the bench of Justice Milind Ramesh Phadke observed that the plea filed by the alleged wife in maintenance proceedings is of no consequence as in such proceedings, only the factum of the parties being husband and wife has to be established.

With this, the wife’s plea challenging the Family Court’s order was dismissed.

Essentially, in her application before the Family court, the petitioner-wife alleged that her husband’s claim that he got himself operated and converted himself as a transgender man could only be verified by calling a medical expert/doctor.

The application was moved after the respondent-husband denied the fact that he was the husband of the petitioner and that he belonged to the transgender community.

The family court, after considering the contents of the petitioner’s application, observed that since the proceedings are under Section 125 of CrPC for maintenance, the only fact that had to be established is as to whether the present petitioner is the wife of the respondent.

The Court further opined that no fruitful purpose would be served by allowing the application and getting the physical status of the respondent verified.

Challenging the family court’s order, the petitioner moved the HC by contending that only on the basis that the respondent is a transgender man, he is shying of making payment towards maintenance in the proceedings under Section 125 of CrPC, and therefore, the application under Section 45/73 of the Indian Evidence Act deserved to be allowed.

However, having heard the counsel for the petitioner and perusing the impugned order, the Court found no illegality in the trial Court’s order.

Consequently, before dismissing her petition, the Court remarked thus:

“…admittedly the proceedings in which the said application was moved were that of maintenance under Section 125 of CrPC. and in that, the factum of the parties to be husband and wife is to be established. The learned trial Court has rightly observed that the application preferred by the petitioner in these proceedings is of no consequence.”