A divorced Muslim man in Tamil Nadu, who married a second time without disclosing that he was impotent, will face cases for cheating now. The Madras High Court has directed the police to register cases under Section 417 (punishment for cheating) and Section 420 (cheating and dishonestly inducing) against the man.
Justice V Sivagnanam passed the order while disposing of a petition filed by his ex-wife.
The woman had filed a complaint at the All Women Police Station, Tallakulam, in Madurai alleging the accused had married her without disclosing the fact that he is impotent. He also received 200 sovereign gold jewels and things worth Rs 5 lakh during the marriage last year.
After marriage, she came to know he is impotent and learnt his first wedding had ended in failure. She alleged that her husband and his family members without disclosing the entire facts cheated on her by hiding impotency and showing himself as a competent person to consummate the marriage.
After the truth came to light, he granted divorce by saying ‘talaq’ and went off to the US.
Aggrieved, she filed a complaint with the police. The police then registered a case under Sections 498-A (dowry) and 406 (criminal breach of trust) IPC. However, the police did not include the offences punishable under Section 417 and Section 420 IPC, even though the allegations disclosed the fact of cheating by the accused person. Hence she filed the petition in the High Court to include the above sections.
The Government Advocate (Criminal Side) said the matter has been referred for a preliminary enquiry to the Social Welfare Department and after receiving the report, they are ready to consider the alteration of the FIR.
Passing orders, the judge said: “A perusal of the complaint clearly stated about the non-disclosure of the impotency of the husband at the time of marriage and he made the complainant believe that he is a competent person to live an ordinary life as husband and wife without disclosing his impotency and thereby the accused husband deceived the complainant and made her marry him, as though he is competent to consummate the marriage.”
The court further directed the police to add offences under Section 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”.
