Hiding impotency is not offence though annulment can be taken on this ground.

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.

2) 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.

3) 

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.

Yes, one should present his or her health conditions to other partner a true facts.

You have to prove that your wife was knowing impotence facts of her and still she has hide from you.

I can provide you citation in this regards.

Police would await for medical examination report from govt hospital 

police would not arrest the wife merely on husband complaint 

Hi,it can be a ground for divorce,but not cheating 

There is no punishable section for same.

It can lead to concealment of facts and then it will lead to annulment

It is not an offence but it is a ground for divorce.

Regards 

This is a civil matter and the police has no role to play in these cases. File for divorce.

There are scores of judgements which say that a person can get immediate divorce on grounds of impotency.

Section 12(1)(a) of the Hindu Marriage Act provides that a marriage may be annulled by a decree of nullity on the ground that it was not consummated owing to the impotence. 

“Impotence” is the inability to have sexual relations. Couples that decide to get married are usually committed to sharing a lifetime of emotional and physical affection. For some couples, sexual relations may become impossible due to one spouse’s impotence.

Impotence, often called erectile dysfunction, is the inability to achieve or maintain an erection long enough to engage in sexual intercourse. A physical, psychological, or other medical condition that makes it impossible to have intercourse may constitute impotence and is grounds for divorce .

Manjula and S.Desmukh Vs. Sijresh Deshmukh : AIR 1979 Delhi 93

Impotence is inability to consummate the marriage and to be a ground for nullity, such inability must exist at the time of marriage and continue to exist at the time of the institution of the suit. For this purpose sexual intercourse has been defined as ordinary and complete intercourse, not partial and imperfect intercourse. If so imperfect as scarcely to be natural, it is no intercourse at all, but recent cases suggest that modern surgery has introduced the need of further scrutiny. Though it has been held that full penetration without ejaculation on at least one occasion amounts to consummation, but more recently another judge decided that penetration for a short time. without any ejaculation, did not amount to consummation.

The above offense does not come to an arrest .Read Smt. Shantabai Alias Gourabai W/O ... vs Tarachand on 22 April, 1965

Dear Sir,

As per Section 12 of the Hindu Marriage Act, 1956, a petition for declaring a marriage as null and void can be presented before the Family Court. Section 12 reads as follows:

"12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after
the commencement of this Act, shall be voidable and may be annulled by a decree
of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the
respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of
Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner was required under Section 5 as it stood immediately
before the commencement of the Child Marriage Restraint (Amendment) Act, 1978,
the consent of such guardian was obtained by force or by fraud as to the nature of
the ceremony or as to any material fact or circumstance concerning the
respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling
a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to
operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the
marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained
unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized
before the commencement of this Act within one year of such commencement and
in the case of marriages solemnized after such commencement within one year
from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place
since the discovery by the petitioner of the existence of the said ground."

We can present a petition for decree of nullity as there is a fraud committed by the Girl's side by hiding/ concealing her frigidity

However, whenever a matrimonial petition is presented the Family Court always tries to mediate the matter rather than passing a judicial decision. Also, the boy's family members will have to prove in Court through documents that the girl's family relatives had concealed/hidden the facts regarding her frigidity to the boy's family before marriage.

it is not an offence. 

your wife can file for nullity of marriage on the ground of Impotency. 

It is not an offence but it actionable in civil law through a suit for damages by the other spouse, apart from being a ground for annulment of marriage.

It is not an offence, hence no question of arrest,

Concealment of health related facts is not an offence punishable under IPC but it is definitely a ground for annulment of marriage.

But yes you can lodge FIR against wife under section 420 IPC but for that burden of proof will be on you to prove that she hide the fact of frigidity To cheat you. 

Dear sir,

Your case cannot be built up on any judgement . More so such cases on his own wife may not stand to the scrutiny of judiciary . For the time being , FIR may be registered but ultimate result may be in favor of wife .

Suppressing the fact of impotency at the time of marriage cannot be termed as an offence.

However that can be a very strong ground for filing an annulment petition seeking to nullify the marriage by a decree of nullity due to this reason.

This is provision of law hence you do not have to go behind any judgment for this.

No, the police will not arrest the wife even if he is lodging a criminal complaint against his wife for this defect since it is coming under matrimonial dispute, hence the police may advise to approach court for releif.

You may have to look for the judgment yourself or engage  the services of an advocate for this purpose, since this is a provision of law, hence you dont need any judgment.