Priya Gour
Published on: 28 July, 2022 at 20:08 IST
In a rare matter involving non disclosure about impotency before marriage, the Madurai Bench of Madras High Court held to be taken as a ground of cheating alleging offences under Section 471 & 420 of IPC.
Justice V Sivagnanam directed the police to register a case on the charges of cheating by the husband alongwith existing Section 498-A and 406 and submit the final report within 4 months of investigation.
The case involved allegations made by the complainant, the wife who was not informed about the impotency of her husband by him, prior to their marriage taking place. It was also submitted before the court there were similar non disclosures in the man’s first marriage which led to the end of that marriage as well.
The husband to get rid of this problem granted divorce by saying talak, then aggrieved wife then filed complaint and registered FIR under Sections 498-A and 406 of the IPC. Though the allegations of disclosed facts of cheating, offences punishable under Section 417 and 420 was not included earlier. Hence this application was filed by the petitioner seeking the same.
The Court after observing all the facts and materials presented before it opined that, “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.”
“Thereby, the accused husband deceived the complainant and made her marry him, as though he is competent to consummate the marriage.”
Conclusively, it was directed by the bench that police registers such concealment of information as a case of cheating against the alleged husband.