The Madras High Court recently directed the police to register a cheating case against a man who failed to disclose his impotency before marriage. The court ordered charges under Sections 417 and 420 of the Indian Penal Code (IPC) for deceiving his wife.
The petitioner, a woman married on April 4, 2021, discovered after the wedding that her husband was impotent. She also learned that his first marriage had ended due to the same issue. The husband and his family had hidden this crucial fact, deceiving the petitioner into marriage. To avoid facing the consequences, the husband divorced her by saying “talak” and then moved to the US.
Distressed, the petitioner filed a complaint leading to a crime being registered under Sections 498-A and 406 IPC. It was also noted that the accused had taken 200 sovereigns of gold and items worth about Rs. 5,00,000/-.
Although the initial complaint revealed elements of cheating, the offenses under Sections 417 and 420 IPC were not included. The petitioner then sought to include these charges.
The respondent state submitted that the complaint had been referred to the Social Welfare Department for a preliminary inquiry. They argued that altering the FIR could only be considered after receiving the department’s report.
The court reviewed the facts and observed that the accused was uninterested in his wife from the start due to his impotency. The accused’s family had also humiliated the petitioner in various ways. The court concluded that the accused had deceived the petitioner by pretending to be capable of living a normal married life.
In light of these facts, the court granted the petitioner’s request and directed the addition of cheating charges.
Case Title: Irfana Nasreen v. The State
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