Madras High Court directs registration of cheating case against man for failing to disclose impotency before marriage

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The Madurai Bench of the Madras High Court last week directed the police to register a case of cheating against a man who did not disclose his impotency to his wife before marriage.

On considering the facts, Justice V Sivagnanam directed the Police to register the offence against the husband, investigate and file the final report within four months.

"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 wife had moved the High Court seeking a direction to respondent police to alter the First Information Report (FIR) registered and include the offence of cheating and theft under the Indian Penal Code.

It was submitted that the husband did not disclose to her that he was impotent before marrying her. He also received 200 sovereign gold jewels, along with other things worth ₹5 lakh.

After marriage, the wife claimed that she became aware of the impotency and subsequently, also came to know that the husband's first marriage also ended due to this."