MADRAS HIGH COURT DIRECTS POLICE TO REGISTER OFFENCES FOR CHEATING, FAILURE BY HUSBAND TO DISCLOSE IMPOTENCY BEFORE MARRIAGE

The Madras High Court in the case Irfana Nasreen v. The State observed while allowing an application for alteration of FIR filed by an estranged wife, the Madras High Court recently directed the respondent police to register offences under Section 417 and 420 of Indian Penal Code, 1860 for cheating against the husband who deceived the wife by non-disclosing his impotency.

The Madras bench comprising of Justice V Sivagnanam observed and has directed the respondent police to add the offences along with already existing Section 498-A and 406 and submit the final report within four months after investigation.

It was directed by the court that the respondent Police to add the offences under Sections 417 and 420 in the case and investigate and file the final report within four months, after receiving the report from the Social Welfare Department, Madurai.

FACTS OF THE CASE:

On 04.04.2021, the marriage between the petitioner wife and the accused husband took place. The accused had received 200 sovereigns of gold jewels with things worth about Rs 5,00,000. It was submitted by the petitioner that it was after marriage that she came to know that the husband is impotent and that his first marriage ended in failure du to his impotency. The petitioner is benig cheated by the husband and the family as the entire facts were not disclosed. However, to get rid of this situation, by saying talak, the husband granted divorce and went to US. Aggrieving with the same, a complaint was given by the petitioner and a crime was registered under Sections 498-A and 406 I.P.C. Though the allegations disclosed facts of cheating, offences punishable under Sections 417 and 420 I.P.C were not initially included and the present petition was filed seeking the same.

It was submitted by the respondent state that after receiving the complaint, the matter has been sent to the Social Welfare Department for preliminary enquire. FIR alteration can be considered only after receiving the report from the department.

After considering the marriage, the court observed that the accused was not interested in his wife since the inception of marriage due to his impotency. Even the accused family had been humiliated by the petitioner in various manners. However, the accused had not disclosed his impotency to the petitioner and made her believe that he was a competent person to live an ordinary life as husband and wife. Thus, the accused husband had deceived the complainant and made her marry him.

It is clearly stated in the perusal of the complaint given by the complainant that the non-disclosure of the impotency of the husband at the time of marriage and he made the complainant to believe that he is a competent person to live ordinary life as husband and wife without disclosing his incapacity and thereby he deceived the complainant and made her to marry him and though the accused husband is competent to consummate the marriage.

Accordingly, the court was inclined to grant the prayer of the petitioner and the court directed addition of charges.

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