The Madras High Court recently directed the police to file a cheating case against a man who did not disclose his impotence before marriage. The Court ordered charges under Sections 417 and 420 of the Indian Penal Code (IPC) for deceiving his wife.
The marriage between the petitioner (the wife) and the accused husband took place on April 4, 2021. According to the wife, she only discovered after the marriage that her husband was impotent, and that his first marriage had ended for the same reason. She accused her husband and his family of deceiving her by hiding these facts. To escape the situation, the husband divorced her by saying “talak” and then left for the United States. The wife filed a complaint, leading to the registration of a case under Sections 498-A and 406 of the IPC. She also alleged that the husband had taken 200 sovereigns of gold and other valuables worth around ₹5,00,000.
Initially, the complaint did not include charges under Sections 417 and 420 of the IPC, which specifically deal with cheating. The wife then filed a petition requesting these additional charges.
The state responded by stating that the complaint had been referred to the Social Welfare Department for a preliminary inquiry. They indicated that the First Information Report (FIR) could be amended based on the department’s report.
After reviewing the case, the Court noted that the husband had shown no interest in his wife since the beginning of the marriage due to his impotence. The husband’s family had also mistreated the wife. The Court observed that the husband had misled his wife into believing he was capable of a normal marital relationship, thus deceiving her into marriage.
Given these circumstances, the Court granted the wife’s request and ordered the addition of the cheating charges.
Case Title: Irfana Nasreen v. The State
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