Apni Law Staff asked 12 months ago
My wife left me soon after our wedding without consummating the marriage, and I later found out she’s transgender. I filed for annulment on grounds of fraud and a separate case for cheating. The annulment case went ahead without her, but the judge rejected it saying I didn’t have enough proof, specifically a medical certificate confirming her gender identity. This seems unfair – how can I prove she’s transgender without her being present?
Best Answer
Apni Law Staff answered 12 months ago
Under Indian law, a medical certificate proving transgender identity is not mandatory for an annulment based on fraud. You can present other evidence, such as her past statements or social media posts, to establish her transgender identity before marriage. However, proving that this information was intentionally concealed to induce you into marriage can be challenging.
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