TEAM CODE – 114P

FIRST INTRA-COLLEGE MOOT COURT COMPETITION ,2024

SCHOOL OF LAW

SNEHANGSHU KANTA ACHARYA INSTITUTE OF LAW , KALYANI

BEFORE THE HONORABLE HIGH COURT OF KASHYAPURAM

IN THE MATTER OF

HARIPADA PAUL……………………………………………APPELLANT

-VS-

STATE OF WEST BALTONIA & ORS. ………………………………RESPONDENT

PETITION INVOKED UNDER ARTICLE 226 OF THE CONSTITUTION OF JAMBUDWEEPAM

UPON SUBMISSION TO HONORABLE CHIEF JUSTICE AND HIS LORDSHIP COMPANION

JUSTICES OF THE HONORABLE HIGH COURT OF KASHYAPURAM

MEMORANDUM OF WRITTEN SUBMISSION FOR THE PETITIONER

1
 TABLE OF CONTENTS

SL .NO. TOPIC PAGE NO.

1. List of Abbreviations 3
2. Index of Authorities 4-5
3. Statement of Jurisdiction 6
4. Statement of Facts 7
5. Issues Raised 8
6. Summary of Arguments 9
7. Arguments Advanced 10-
8. Prayer

2
 LIST OF ABBREVIATIONS

SL. NO. ABBREVIATIONS FULL FORM

1. HC High Court
2. Art. Article
3. Const. Constitution
4. Govt. Government
5. SC Supreme Court
6. IC Act,1972 The Indian Contract Act, 1972
7. CPC Code of Civil Procedure
8. PWDVA The Protection of Woman from Domestic Violence
Act, 2005
9. IPC Indian Penal Code, 1860

3
 INDEX OF AUTHORITIES

Cases Referred :

a) Purushottamdas vs Purushottamdas, 21 BOM 23…………………………………...……………….10

b) Bhagwati saran Singh vs Parmeshwari Nandar Singh, 1942 ILR AII 518…………………………..10
c) Muthusami vs Masilamani, 33 Mad.342……………………………………………………………..10
d) Anjona Dasi vs Ghose, 6 Bengal Law Reporter, 243………………………………………………..10
e) Sunil Batra vs Delhi Administration, AIR 1978 SC 1675………………………………………...…11
f) Kharak Singh vs State of Uttar Pradesh, AIR 1963 SC 1295………………………………………..11
g) Mr. X vs Hospital Z, AIR 1999 SC 495 (1998) 8 SCC 296…………………………………………11
h) Rita Nijhawan vs Balakishan Nijhawan, AIR 1973, Delhi 200……………………………………...13
i) Sheldon vs Sheldon, 1966 2 AII ER 257…………………………………………………………….13
j) Sudeepto Saha vs Moumita Saha, 2023 16843 MP………………………………………………….13
k) P vs K, AIR 1982 BOM 400………………………………………………………………………….13

Statutes Referred :

a) The Constitution of India, 1950

b) The Indian Penal Code, 1860
c) The Hindu Marriage Act, 1955
d) The Indian Contract Act, 1972

Books Referred :

a) Dr. J. N. Pandey, Constitution law of India, ed. 60, Central Law Agency
b) Dr. Paras Diwan, Modern Hindu Law, ed. 25, Allahabad Law Agency

Web pages :

a) https://lawbhoomi.com/marriage-under-hindu-law-sacrament-contract-and-
sacrosanct/#Marriage_As_A_Contract
b) https://indiankanoon.org/search/?formInput=refusal%20to%20consummate%20the%20marriage
c) https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-wife-
refusal-consummate-marriage-mental-cruelty-ground-divorce-246621
d) https://thelawblog.in/2020/08/27/consummation-of-marriage-not-as-easy-as-you-think-analyzing-non-
consummation-as-a-ground-to-annul-marriage/
e) https://law.justia.com/cases/washington/supreme-court/1955/33301-1.html
f) https://www-lawctopus-com.cdn.ampproject.org/v/s/www.lawctopus.com/academike/article-21-of-the-
constitution-of-india-right-to-life-and-personal-
liberty/amp/?amp_gsa=1&amp_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#_ednref2
g) https://dictionary.cambridge.org/dictionary/english/annulment
h) https://www.studocu.com/in/document/karnataka-state-law-university/hindu-law-i/hindu-marriage-a-
sanskar-sacrament-or-a-civil-contract/35296400
i) https://lawzapo.com/question/my-wife-had-concealed-some-facts-before-marriage-that-i-had-a-child-
and-other-ciatheng-related-cases-as-well-what-can-i-do-mye/answer/125049/
j) https://law4u.in/answer/5742/Can-a-court-marriage-be-annulled-in-India-If-yes-what-are-the-
grounds#:~:text=Conclusion%20Annulment%20of%20a%20court,existing%20pregnancy%20by%20a
nother%20person
k) https://www.vidhikarya.com/FreeLegalAdvice/56420/concealment-of-fact-during-
marriage#:~:text=A%20marriage%20will%20be%20deemed,may%20have%20affected%20the%20con
sent

4
l) https://www-latestlaws-com.cdn.ampproject.org/v/s/www.latestlaws.com/amp/latest-
caselaw/1964/march/1964-latest-caselaw-80-
sc?amp_gsa=1&amp_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%2
4s&aoh=17334664664678&referrer=https%3A%2F%2Fptop.only.wip.la%3A443%2Fhttps%2Fwww.google.com
m) https://www.caseminecom.cdn.ampproject.org/v/s/www.casemine.com/judgement/in/56e10d00607dba
3896613906/amp?amp_gsa=1&amp_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=Fro
m%20%251%24s&aoh=17334953999833&referrer=https%3A%2F%2Fptop.only.wip.la%3A443%2Fhttps%2Fwww.google.com&ampshare=
https%3A%2F%2Fptop.only.wip.la%3A443%2Fhttps%2Fwww.casemine.com%2Fjudgement%2Fin%2F56e10d00607dba3896613906
n) https://blog.ipleaders.in/essentials-of-a-valid-contract/

5
 STATEMENT OF JURISDICTION

As the appellant was aggrieved by the decision of the Trial Court therefore he has approached before the
Hon’ble High Court of Kashyapuram which invoke the writ jurisdiction (Mandamus) under Article 226 of
the Constitution of Jambudweepam . The matter has been listed for hearing . Article 226 of the Constitution
of Jambudweepam reads as “ Every High Court shall have the power to issue writs (in the nature of habeas
corpus , mandamus , prohibition , quo warranto and certiotari ) orders , or directions to any person or
authority , including the government , even if they are outside the High Court’s territorial jurisdiction for the
enforcement of any of the rights conferred by Part III and for any other purpose .”

6
 STATEMENT OF FACTS

Haripada Paul, a resident of Kalyanam, a city in the State of West Baltonia, in the country of Jambudweepam,
entered into an arranged marriage with Rama Paul in early 2022. Though they had least interaction prior to the
marriage , Haripada Paul assumed that Rama Paul shared the same cultural and personal background as him.
After the marriage he expected a normal married life ahead both of them, however things took an unexpected
turn.
Haripada Paul noticed that Rama Paul was behaving in a different way and as a consequence they had lack of
physical intimacy. As in concern, he tried to initiate discussion with Rama Paul about their relationship and the
reason for this emotional distance, but Rama Paul avoided the topic. He tired everything but no solution seemed
to address the issue.
As days passed, the situation gets worsened as Haripada Paul was noticing some signs, simultaneously Rama
Paul starts avoiding any questions related to her medical history. Whenever the topic of family planning comes
she makes vague comments. As a result after months of strained and emotionally detached marriage Haripada
Paul’s suspicions grew stronger .
However, one evening, Haripada overheard the conversation of Rama Paul with her friend in which she was
mentioning about some previous medical condition that she had not disclosed to Haripada Paul. After tackling
his internal struggle, he confronted Rama Paul directly about the issue. But she refused to discuss as it was her
personal matter and not related to their marriage and remained secretive .
When Haripada Paul was unable to solve the matter within the family, he sought legal advice. He approached a
lawyer to understand his option for which he advised to seek further clarification on Rama Paul’s medical
ground and her gender identity. He explained that the concealment could constitute a serious breach of trust and
an essential element of marriage contract. As a feeling of betrayal, Haripada Paul decided to take legal action to
uncover the truth.
In late 2022, Haripada Paul approached the Kashyapuram HC seeking legal relief. He filed a petition on which
he claimed that Rama Paul had concealed the fact that she was a transgender before their marriage and this
concealment of gender identity has caused him severe mental trauma and emotional distress. He requested the
Court to order a medical examination to determine Rama Paul’s gender identity.
In his plea further he stated that gender identity is a personal matter, but a marriage creates a situation where
both parties rights are involved and his fundamental right under Art. 21 of the Const. of Jambudweepam is
violated which gives Right to Life and Personal Liberty, that includes peaceful and stable marriage. He also
raised that if it is proven that she is not a “woman” under legal definition the she would not be entitled for
marriage, domestic violence and dowry harassment.
He also requested to court of Kashyapuram to direct a Central Govt. Hospital to conduct a medical examination
for her gender test.
As concerned prior to approaching to HC, Haripada Paul filed a similar application in Trial Court under section
151 of the CPC . And requested to form a medical board to examine Rama’s gender. However, the trial court
dismissed his plea by stating that gender identity is a deeply personal matter and giving order for the conduct of
such medical examination without the consent of Rama Paul is the violation of her fundamental rights .
Finally, Haripada Paul felt that his only option was to approach the HC for relief. He also emphasized in his plea
that his intention was never to harm or violate Rama Paul’s rights, but rather to protect his own rights and
interests in the marriage. Haripada Paul believed that the only way to move forward from all the difficult
position was through a fair and transparent legal process that included a determination of Rama Paul’s true
gender identity.

7
 ISSUES RAISED

The Writ Petition being accepted by the Hon’ble High Court raises some important issues . The issues
formulated by the Hon’ble High Court are as follows :-

1. Whether a spouse’s alleged concealment of their gender identity prior to marriage constitutes a breach
of an essential element of the marriage contract under the relevant laws of Jambudweepam ?

2. Whether the right to privacy , as protected under Article 21 of the Constitution of Jambudweepam , can
be restricted to mandate a medical examination of an individual’s gender identity in the context of a
marriage dispute where one party claims concealment ?

3. Whether a lack of consummation of marriage , coupled with alleged concealment of a spouse’s gender
identity , can be grounds for annulment of the marriage under the Jambudweepam matrimonial laws ?

4. Whether a transgender individual , if concealed their identity prior to marriage, qualifies as a “woman”
for the purpose of legal definitions under laws related to marriage , maintenance , domestic violence
and dowry , and how this affects the rights and liabilities of both spouses in such legal proceedings ?

8
 SUMMARY OF ARGUMENTS

1. Whether a spouse’s alleged concealment of their gender identity prior to marriage constitutes a
breach of an essential element of the marriage contract under the relevant laws of
Jambudweepam ?

Yes, The concealment of gender identity before marriage is a breach of contract. Marriage is a civil contract
requiring free consent, which is absent when there's fraud or misrepresentation. The concealed fact significantly
impacts the marital relationship, leading to legal and emotional consequences. The court views marriage as a
contract with certain aspects, including the duty of disclosure. Therefore, such concealment can invalidate the
marriage contract.

2. Whether the right to privacy , as protected under Article 21 of the Constitution of

Jambudweepam , can be restricted to mandate a medical examination of an individual’s gender
identity in the context of a marriage dispute where one party claims concealment ?

Yes, The right to privacy, while fundamental, is not absolute. In marriage disputes involving concealed gender
identity, courts may balance individual privacy with the other spouse's right to a healthy and informed marital
relationship. If the concealment causes significant harm, a medical examination could be ordered to protect the
other spouse's rights and well-being. This decision would involve careful consideration of the specific
circumstances of the case.

3. Whether a lack of consummation of marriage, coupled with alleged concealment of gender

identity, can be grounds for annulment of the marriage under the Jambudweepam matrimonial
laws ?

Yes, A lack of consummation coupled with concealed gender identity can be grounds for annulment.
Consummation is essential for a valid marriage, and its denial or impossibility due to concealed identity can lead
to annulment. Courts have recognized both factors as valid reasons for dissolving a marriage.

4. Whether a transgender individual, if concealed their identity prior to marriage, qualifies as a

“woman” for the purposes of legal definitions under laws related to marriage, maintenance,
domestic violence and dowry, and how this effects the rights and liabilities of both spouses in
such legal proceedings ?

Yes, if it is not proven that a person who conceals their gender identity before marriage and misrepresents
themselves as a woman to gain legal benefits can face serious legal consequences. The aggrieved spouse may
seek divorce on grounds of fraud or deception and may also file criminal charges. The deceiving spouse may
lose marital rights, spousal support, and property rights, and may also be liable for criminal charges. It is
important to approach such situations with legal counsel to understand the specific rights and obligations
involved.

9
 ARGUMENTS ADVANCED

1. Whether a spouse’s alleged concealment of their gender identity prior to marriage constitutes a
breach of an essential element of an marriage contract under the relevant Laws of
Jambudweepam ?

In a marriage , both the parties should not conceal any fact prior to marriage because marriage is a bond based
upon trusts and ethics.

In this case, the minimal interaction between the appellant and respondent and the arranged marriage
had caused this concealment of fact. A marriage is a contract that must be formed by fulfilling all the
essentials, in which the main element is non-concealment of fact.
➢ In support of this view ,it would be pertinent to mention the case of Purushottamdas v.
Purushottamdas1, the court held that, the marriage of Hindu person is a contract made by
parents.
➢ Simultaneously, in the case of Bhagwati Saran Singh v. Parmeshwari Nandar Singh 2, the
Allahabad High Court stated that, the Hindu Law of Macnaghten, and The Hindu Law of
Starnages and Vyawastha Chandrika and finally expressed that the “Hindu marriage was not
only a sacrament but also a contract”.

But before knowing about that marriage is a contract it necessary to know the legal meaning of contract as per
The IC Act, 1972 : section 2(h) defines “An agreement enforceable by law is a contract.”
➢ The court in Muthusami vs Masilamani3, held that a marriage, whether a sacrament or
institution, is undoubtedly a contract entered into consideration, with co-relative rights and
duties.
➢ Also, in the case of Anjona Dasi v. Ghose4, the court held that suits relating to marriage deal
with that which is the eyes of law must be treated as a civil contract, and important civil rights
arise out of that contact.

So, as clear personification, Section 14 of The Indian Contract Act, 1972, which defines free consent as
“consent not given under coercion, undue influence, fraud, misrepresentation and mistake”.
Here the consent of appellant was obtained from fraud, as by concealing the gender identity. Hence the
appellant’s was not free consent.
The appellant have the right to have a peaceful married life and the concealment of this important factor of
gender identity prior to the marriage can have significant legal and emotional result.

Hence, a spouse’s alleged concealment of their gender identity prior to marriage constitutes a breach of an
essential element of the marriage contract depending on the circumstances . This is because the legal framework
of Jambudweepam views marriage as a civil contract in certain aspects .

1
Purushottamdas vs Purushottamdas, 21 BOM 23
2
Bhagwati saran Singh vs Parmeshwari Nandar Singh, (1942) ILR AII. 518
3
Muthusami vs Masilamani, 33 Mad. 342
4
Anjona Dasi vs Ghose, 6 Bengal Law Reporter, 243

10
 2. Whether the right to privacy , as protected under Article 21 of the Constitution of
Jambudweepam , can be restricted to mandate a medical examination of an individual’s gender
identity in the context of a marriage dispute where one party claims concealment ?

The Right to privacy of an individual is a very important aspect of their fundamental right provided under Art.
21. On the other hand, even Art. 21 includes Right to Life and Personal Liberty. Art. 21 also guarantees Right
to Marry and have a peaceful and stable married life.

➢ So, the privacy of individual is the top most priority for them and it can somehow restrict the medical
examination, but in a marriage the interest of both party is important and must taken into
consideration.

Herein, in this case the appellant claims concealment and due to the concealment he is having severe mental
trauma and emotional distress, due to which his Right to Health which is an intrinsic part of Right to Life is
violated.

➢ For support of this it would be pertinent to mention the case of Sunil Batra V. Delhi Administration,
the SC approved the observation of the landmark case Kharak Singh v. State of Uttar Pradesh5, in
which SC quoted that the term "life" means "something more is meant than a mere animal existence".
➢ Back to the case of Sunil Batra vs Delhi Administration6, the SC held that "Right to Life" included
the "right to lead a healthy life to enjoy all the facilities of the human body in their prime condition".
In addition, Right to Live and Sleep on peace is also included under Right to Life.

As stated earlier, Right to Life provides Right to Privacy that is very important to save personal liberty. On the
other hand “the SC in its several decision had stated that the Right to Privacy is not an absolute right, it do have
certain restrictions.”

❖ Right to Privacy when clashes with the interest of other, or the fundamental right of the in such
circumstances it is not absolute so to restrict the ambit, it is necessary.

In support of this view, it would be pertinent to mention the valuable words of the SC in the landmark case of
Mr. X v. Hospital Z7, the SC held that although “the right to privacy is a fundamental right under Art.21 of the
Constitution of Jambudweepam yet it is not an absolute right and restrictions can be imposed on it for the
prevention of crime, disorder, or protection of health or morals or protection of rights and freedom of others.”

➢ Moreover, in this case the SC held that by disclosing that the appellant was suffering form AIDS, the
doctor had neither violated the rule of confidentiality nor the Right of Privacy of the appellant under
Art.21. The Right to Privacy is a fundamental right under Art.21 but not an absolute right and
restrictions can be imposed on it. The lady with whom the patient was likely to be married was saved
by such discloser or else she to would have Benn infected with the dreadful disease if marriage had
taken place. The Right to Marry is an essential element of Right to Privacy but not absolute. Marriage
is the sacred union legally permissible of two healthy bodies of opposite sexes. Every system of
matrimonial law provided that, if a person is suffering from veneral diseases in a communicable form it
will be open to the other partner in the marriage to seek divorce or annulment.

➢ Miss Y was entitled to enjoy all the human rights available to any other human being. In addition to the
fundamental right available to her under Art.21. Right to Life of the lady with whom the patient was to
marry positively includes the Right to be hold that a person with whom she was proposed to be married
was victim of a deadly disease which was sexually communicable Right to Life includes the Right to
Led a healthy life so as to enjoy all the faculties of the human body in their prime condition. For
instance where there is a clash of two fundamental rights namely the "patient's Right to Privacy as a
part of Right to Life and his proposed wife's Right to led a healthy life which is her fundamental right

5
Kharak Singh vs State of Uttar Pradesh, AIR 1963 SC 1295
6
Sunil Batra vs Delhi Administration, AIR 1978 SC 1675
7
Mr. X vs Hospital Z, AIR 1999 SC 495 (1998) 8SCC 296

11
 under Art.21, the right which would advance the public morality or public interest would be alone be
enforced through the process of court.”

In this whole scenario we can conclude that in a case if matrimonial dispute the interest of both side should be
taken into consideration. The Right to Privacy of one individual is important but the other party's fundamental
right is also violating in such case how only one side will get supremacy.

12
 3. Whether a lack of consummation of marriage, coupled with alleged concealment of gender
identity, can be grounds for annulment of the marriage under the Jambudweepam matrimonial
laws ?

In the Human society, the institution of marriage is very important for the development. Through marriage the
customs, tradition, ideas are transmitted same as the marriage of appellant and respondent is the traditional
arranged marriage, done by the families of both with the mindset of development of their families.

➢ For this I would like to support phrase with the case of Bhagwati Saran Singh v. Parmeshwari
Nandar Singh8.

Before filing case on the ground of annulment it is necessary to know the meaning of the word
"ANNULMENT" it means “an official announcement that something such as law, agreement, or marriage no
longer exists, for the process of this announcement, an legal procedure that declares a marriage null and void,
as if it never legally existed.”

And for the development of consummation and cohabitation between the spouses it is must that the
consummation had been a crucial part of marriage. In many countries across the globe bedding rituals used to be
an important part of the wedding ceremony. The families of newly married couples would take steps to ensure
that the marriage had been consummated.

Technically consummation of a marriage requires "ordinary and completed", rather than “partial and
imperfect”, sexual intercourse.

➢ In support of this view it would be quite pertinent to mention the valuable words of J. Sacher in the
case of Rita Nijhawan v. Balakishan Nijhawan9, the Delhi HC held, it either of the parties to a
marriage, being of good health and physical capacity , references to how sexual intercourse, the same
would amount to cruelty entitling the other party to a decree. It does not matter that denial is due to
sexual weakness or because of any wilful refusal by spouse. Either way it will result in frustration and
misery to the other spouse.
➢ Furthermore in the Sheldon v. Sheldon10 , the valuable words given by J. Rosellini , granted a decree
to the wife on the finding that the husband's persistent refusal of sexual intercourse over a long period
without excuse caused a grave injury to the wife's health amounted to cruelty on this part.

Lord Denning observing that the categories of cruelty are not closed. The persistent refusal of sexual
intercourse is not excluded.

Provided that, marriage is very small but simultaneously very important institution of the society because
without it family can not form and the society cab not develop as well.

Here, the appellant's intention is also to create family with his family like others. But when respondent is
repeatedly avoid from so, it creates mental trauma and distress for the appellant.

➢ Same as in Sudeepto Saha vs. Namita Saha11, it would be quite persistent to add the valuable words
of J. Sheel Nagu and J. Viany Saraf, stated that wife's refusal to consummate the marriage would
amount to cruelty, and would constitute annulment of marriage.
❖ Hence, marriage without sex is an anathema. Sex is the foundation of marriage and without a
vigorous and harmonious sexual activity it would be impossible for any marriage to continue for
long. It must be recognised that nothing is more fatal to marriage than disappointment in sexual
intercourse and it can be a ground for annulment of marriage.

8
Bhagwati saran Singh vs Parmeshwari Nandar Singh,1999 SC 495 (1998)8 SCC 296
9
Rita Nijhawan vs Balakishan Nijhawan, AIR 1973, Delhi 200
10
Sheldon vs Sheldon, 1966 2 AII ER 257
11
Sudeepto Saha vs Namita Saha, 2003 16843 MP

13
If we take a look on the other part of the issue, that says spouse concealment of gender identity can be a ground
for annulment of marriage.

As, the consent of the appellant is obtained by concealing the fact, thus the consent is obtained by deceiving the
appellant and even by fraud, fraud can be committed, by the nature of the misrepresentation of age, deceitful
statement, “concealment of facts” or other circumstances.

➢ To support this view it would be quite persistent to mention the case of P v. K12, in this case the
petitioner (husband) build a suit for annulment of marriage but under Section 12(1)(a) k(c). The
petitioner claimed that the respondent was suffering from second decree of prolapse of uterus and this
fact decree was concealed from him (petitioner) during the time of the marriage. The respondent
showed discriminations to any sexual intercourse and repealed attempt of petitioner to consummate
marriage and which the petitioner subsequently came to know could be because of prolapse.

The court held that petitioner was entitled to annulment of marriage however the respondent should be paid a
lump sum of Rs. 13500/- as a permanent alimony.

12
P vs K, AIR 1982 BOM 400

14
 4. Whether a transgender individual, if concealed their identity prior to marriage, qualifies as a
“woman” for the purposes of legal definitions under laws related to marriage, maintenance,
domestic violence and dowry, and how this effects the rights and liabilities of both spouses in
such legal proceedings ?

If the fact that the respondent had concealed her gender identity prior to the marriage and tried to qualify as a
"woman" for getting the benefits under dowry, maintenance , domestic violence and it is proven then the
appellant will enjoy the rights and liabilities that will occur after such proceedings.

For qualifying as a woman, it is requisite to know what a woman means in legal definition :- (a) The Indian
Penal Code, 1860(IPC):-Section 10 defines "woman” as a “female human being of any age.”

(b) The Hindu Marriage Act,1955 :-Section 5 defines "woman” as a “female who has completed 18 years of
age.”

(c) The Protection of woman from Domestic Violence Act, 2005 (PWDVA):-Section 2(a) defines "woman”
as any “female who has been subjected to domestic violence.”

➢ Apart from these legal definition, there is a biological meaning of woman which is as shaped woman is
considered to be a woman if she has these biological characteristics like- "a pair of XX chromosome,
ovaries, that produce eggs , a uterus capable of pregnancy, a vagina, a vulva , breast, with the ability to
lactate , wider hips and a menstrual cycle these features are primarily determined by the presence of
female sex hormones like oestrogen and progesterone at higher level compared to males.”

Hence as above stated The following Rights and liabilities of the appellant of are as follows:-

❖ Rights of the spouse (husband) :-

(a) Ground for Divorce :- Concealment of Facts can be considered as a ground for divorce, depending on the
specific law as there is "concealment” which a main factor in a contract, as because marriage is a mere contract.

(b) Criminal Charges :-As depending upon the case, here, the spouses (wife) may be liable for criminal charges
related to fraud or deception.

Hence, in support of the above charges there are some charges under section 415 of IPC which states Cheating
and under the 1st Explanation of this section it defines: a dishonest concealment of facts is a deception within
the meaning of this section.

Whose Punishment is stated under section 417, as imprisonment for one year or fine or both.

And under section 416 , as cheating by personation as, the spouse(wife) has married by saying to be woman
rather she was transgender.

Whose punishment is stated under section 419, as imprisonment for three years or fine or both.

❖ Liabilities of the Spouses (husband ) :-

(a) Trust Over One Another:- The spouse (husband) should start encouraging to trust the other and never on
just mere assumption he should straight file a case in Court.

(c) Compensation:- the spouse (husband) have to give compensation in against of the mental harassment that
the other spouse had suffered.

(d) Maintenance:- The Spouse (husband) have to give maintenance to the other spouse in case she files divorce
and claim for maintenance.

❖ Furthermore, it is quite obvious that the spouse (wife) would also have some rights and liabilities if
the allegations against her aren't proven, such as:-

(a) the spouse (wife) would have to consummate in regular intervals because it is the desirable need of the
spouse (husband).

15
(b) The spouse (wife)will loose her Marital Rights and spousal support, inheritance right and property rights .

(c) The spouse (wife) would also have to face some criminal charges against her cause she have deceived the
other spouse for the occurrence of marriage and even cause mental harassment to the other spouse by hiding
such a big fact.

In conclusion, the concealment of gender identity can have significant legal implications for both parties
involved in a marriage. The aggrieved spouse may seek divorce on grounds of fraud or deception, and may also
pursue criminal charges against the deceiving spouse. Conversely, the deceiving spouse may face loss of marital
rights, spousal support, and potential criminal charges. It is crucial to approach such situations with legal
counsel and to navigate the complex legal landscape with caution.

16
 PRAYER

Wherefore , in view of the fact , stated issues raised ,arguments advanced and authorities cited ,it is most
humbly prayed before this Hon’ble HC of kashyapuram that it may be graciously pleased to :

1. Set aside the judgement and order passed by the learned Trial Court regarding to the Gender
Identification of the respondent.

2. Grant the plea to conduct a medical examination for the gender identification of the respondent .

3. Protect the fundamental right of peaceful married life covered under Article 21 of the Const. of
Jambudweepam.

4. And the respondent shall be liable under section 417 of The Indian Penal Code,1860(IPC) for
committing Cheating , which states that “whoever cheats shall be punished with imprisonment of either
description for a term which may extend to one year, or fine , or both.”
The petitioner adds that the respondent shall also be held liable under section 419 of the IPC for
committing cheating by personation , which states that “whoever cheats by personation shall be
punished with imprisonment of either description for a term which may extend to three years , or with
fine , or with both.”

5. And any other order/orders and direction or guidelines as this hon’ble high court deems fit, proper and
necessary in the interest of justice , equity, and good conscience

And for this act of kindness, the Petitioner, as in duty bound shall for- ever pray.

MOST RESPECTFULLY SUBMITTED

COUNSEL FOR THE PETITIONER

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