Bombay HC reprieve for man accused of impotence

MUMBAI: Bombay high court has granted interim protection from arrest to a man accused of cheating by his wife who had alleged he is physically incapable of consummating the marriage. Justice Sarang Kotwal directed that in the event of the arrest of the Solapur resident, he should be released on a personal bond of Rs 25,000 with sureties of a similar amount.
The court has directed the man to remain accessible so that the investigation officer can take steps to produce him before the civil surgeon for a medical examination.
The court was hearing an anticipatory bail application filed by the man. His wife had filed a case of dowry harassment and cheating against him and her in-laws. The woman had lodged a first information report alleging that her husband was physically incapable of consummating the marriage. In her complaint, she claimed that she was cheated as her husband and his family members were aware of this fact but had suppressed it from her before marriage.
Under the Hindu Marriage Act, non-consummation of marriage is a ground for seeking annulment of marriage. However, mere non-consummation of marriage is not enough, as it has to be proved that the spouse is impotent. In such cases, a criminal case of cheating is lodged under section 417 of the Indian Penal Code, which is a bailable offence. If the accused is convicted, he is liable to be punished with a maximum prison term of one year and/or a fine.
The man said that he was willing to undergo a physical examination to prove that his wife’s allegations were false. A sessions court had rejected his pre-arrest bail plea saying his custodial interrogation was necessary so that his medical examination could be conducted under the supervision of the investigation officer.
The high court agreed with his lawyers that the medical tests could be conducted by a government medical officer and granted him interim protection till June 20. Besides the medical test, the court has further asked the man to attend the local police station for investigation purposes.