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The Supreme Court on Friday issued notice on a plea filed by a husband seeking criminal prosecution of his wife under Section 420 of the Indian Penal Code claiming that his wife is in fact a male and has a male genital.

A bench of Justice SK Kaul ad Justice MM Sundaresh has issued notice to the wife, her father and Madhya Pradesh Police directing them to file their responses.

The petition has been filed by a husband challenging the Madhya Pradesh High Court order quashing criminal proceedings under Section 420 of IPC against his wife stating that nothing was found by which it could be said that the wife does not possess female characteristics.

Sr. Adv. NK Mody appearing for the husband submitted that the medical reports show that the wife has an 'imperforate hymen'.

However, the bench raised the query as to how it can be said that she is not a female if there is an imperforate hymen, and her medical report also shows that the ovaries are normal.

Mody responded by stating that the medical report also clearly says that there is an imperforate hymen along with a penis, and questioned the gender can be said to be female, when there is a penis.

Mody submitted that the husband wants criminal prosecution of his wife and her father for the difficulties suffered by him and his ruined life.

The husband had submitted before the Madhya Pradesh High Court that he has been cheated since at the time of solemnization of marriage it was not informed to him that the wife "does not possess female characteristics".

However, the High Court had observed that the wife was medically examined by JA Hospital, Gwalior and nothing was found to the effect as claimed by the husband.

In addition to this, the High Court had also noted that "without any medical evidence only by considering the oral evidence in the present case, the offence under Section 420 of IPC is not made out. Rather, the present case is of the nature wherein no ingredient of Section 420 of IPC is found. Therefore, the case of Respondent No.1 appears to be concocted and false."