The Madras High Court recently directed the police to register offences under Section 417 and 420 of IPC for cheating against the husband who deceived the wife by non-disclosing his impotency.

The marriage between the petitioner wife and the accused husband took place on 04.04.2021.
According to the petitioner, it was after marriage that she came to know that the husband is impotent and that his first marriage ended due to the same reason. The husband and his family had cheated the petitioner by not disclosing the entire facts. To get rid of this situation, the husband divorced his second wife by saying talak and went to US. Aggrieved, the petitioner gave a complaint and a crime was registered under Sections 498-A and 406 I.P.C. The marriage between the petitioner wife and the accused husband took place on 04.04.2021. According to the petitioner, 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 husband and his family had cheated the petitioner by not disclosing the entire facts. To get rid of this situation, the husband granted divorce by saying talak and went to US. Aggrieved, the petitioner gave a complaint and a crime was registered under Sections 498-A and 406 I.P.C. It was also submitted that the accused had received 200 sovereigns of gold jewels with things worth about Rs.5,00,000/-.

Though the allegations disclosed facts of cheating, offences punishable under Sections 417 and 420 I.P.C were not initially included. The present petition was filed seeking the same.

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

The court, after considering the facts, observed that the accused was not interested in his wife since the inception of marriage due to his impotency. Even the family of the accused had humiliated the petitioner in various ways. The accused had made her believe that he was a competent person to live a normal life as husband and wife. Thus, he had deceived the complainant and made her marry him.

In view of the same, the court granted the prayer of the petitioner and directed addition of charges.

Case Title: Irfana Nasreen v. The State