Mumbai: In an unique case, a wife has refused to live with her husband after he dragged her to Bombay High Court claiming she is neither a man nor a woman. The man had initially refused to acknowledge his own child, claiming there was never any physical relationship between the couple and she could not be pregnant with his child.
The man had questioned the ‘paternity’ of the child and accordingly, petitioned a bench of Justice Mridula Bhatkar seeking directions for a Deoxyribo Nucleic Acid (DNA) test of the child to ascertain his paternity. The couple had married in June 2011 and bore a son in May 2013. However, the husband refused to accept the child as his own. He claimed that his wife had left him in September 2012 itself.
The husband, a resident of Nasik, has denied consummation of marriage between him and his wife. “He has specifically stated, his wife is neither a woman nor a man. He has claimed that no sexual intercourse took place between the couple and therefore, she can neither remain pregnant nor can become a mother,” Justice Bhatkar noted.
Taking note of the DNA demand, Justice Bhatkar observed, “In most of the cases, maternity is confirmed and paternity is questioned, however, in the present case, maternity of the wife and paternity (of husband) both are disputed.”
“Under such circumstances, though generally the courts are very slow in passing the order for a DNA test of the child, however, the mother herself is interested in fixing the paternity of the child and clearing the so-called blot and also wanted an assurance to secure the child’s future,” Justice Bhatkar said, while referring the couple for a test.
The DNA reports were then placed on record before the bench and after perusing the same, Justice Bhatkar met the couple in her chambers. The report concluded stating, both the husband and his wife were the biological parents of the child. Having been informed of the reports, the husband then changed his stand and said he was ready to stay with his wife and son.
“He admitted his mistake that he lied before the court (regarding the gender of his wife). But now, the wife has refused to stay with the husband. Hence, there is no need to pass any further order and let the parties take their own time and recourse to settle the issues,” Justice Bhatkar said. The bench, accordingly, directed the couple to approach a Family Court in Nasik and seek appropriate reliefs.
