The Madras High Court recently directed the police to register a case of cheating under Sections 417 and 420 of the Indian Penal Code (IPC) against a man accused of concealing his impotency before marriage.
Case Details
The marriage took place on April 4, 2021, between the petitioner (the wife) and the accused (the husband). According to the petitioner, she discovered after the marriage that her husband was impotent. She also learned that his first marriage had failed for the same reason.
The petitioner claimed that her husband and his family deliberately withheld this critical information before the marriage, amounting to deception. When confronted, the accused reportedly divorced the petitioner by saying “talak” and left for the United States.
The petitioner filed a complaint alleging that the accused had also taken 200 sovereigns of gold and items worth ₹5,00,000. Initially, the FIR included charges under Sections 498-A and 406 of IPC but did not include charges for cheating (Sections 417 and 420).
Court’s Observations
After reviewing the facts, the court noted that the accused:
- Was not interested in his wife due to his impotency.
- Misled the petitioner into believing he was capable of fulfilling marital duties.
- Deceived her into marrying him.
The court observed that the accused’s family also humiliated the petitioner and contributed to the deception.
Verdict
The High Court ruled in favor of the petitioner and directed the police to include charges under Sections 417 and 420 IPC in the FIR.
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