Failure To Disclose Impotency Before Marriage: Madras High Court Directs Police To Register Offences For Cheating

Justice V Sivagnanam of the Madurai Bench 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.

Therefore, this Court directs 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

The marriage between the petitioner wife and the accused husband took place on 04.04.2021. The accused had received 200 sovereigns of gold jewels with things worth about Rs.5,00,000/-. 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. 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 materials 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 manners. 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, he had deceived the complainant and made her marry him.

A perusal of the complaint given by the complainant clearly stated about 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, the accused husband deceived the complainant and made her to marry him, as though he is competent to consummate the marriage.

In view of the same, the court was inclined to grant the prayer of the petitioner and directed addition of charges.

Case Title: Irfana Nasreen v. The State

Case No: Crl.O.P(MD)No.11840 of 2022

Citation: 2022 LiveLaw (Mad) 320

Counsel for the Petitioner: Mr.M.Radhakrishnan

Counsel for the Respondent: Mr.R.Suresh Kumar, Government Advocate (Criminal Side)