The Madras High Court has directed the police to register a cheating case against a man who hid his impotency before marriage, misleading his wife. The Court said that failure to reveal such important information amounts to cheating and ordered charges under Sections 417 and 420 of the Indian Penal Code (IPC).
The marriage between the woman (petitioner) and the man (accused) took place on April 4, 2021. According to the wife, she found out after the wedding that her husband was impotent, and that his first marriage had also failed for the same reason. She alleged that her husband and his family had intentionally hidden this fact.
To escape from the situation, the man gave her talaq (divorce) and went to the United States, leaving her behind. The woman filed a police complaint, and a case was initially registered under Sections 498A (cruelty) and 406 (criminal breach of trust) of the IPC.
The wife also claimed that the husband had received 200 sovereigns of gold and items worth ₹5 lakh during the marriage. However, the cheating charges under Sections 417 and 420 IPC were not added initially, so she approached the High Court to include them.
The State’s lawyer said that the complaint was forwarded to the Social Welfare Department for inquiry and that changes to the FIR would be considered after getting their report.
However, the Court noted that the husband had no interest in the wife from the beginning of the marriage and had misled her into thinking that he could live a normal married life. The court also noted that the wife’s dignity was hurt, and she was humiliated by the husband’s family.
Considering these facts, the Court allowed the woman’s request and directed the police to add Sections 417 and 420 IPC to the case.
Case Title: Irfana Nasreen v. The State
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