The Delhi High Court recently quashed a case registered against a man in 2015 for rape and kidnapping after he had eloped with an alleged minor..While quashing the case, Justice Swarana Kanta Sharma observed, "This Court has time and again reached a conclusion that true love between two individuals, one or both of who may be minor or minors on the verge of majority, cannot be controlled through rigours of law or State action.".The judge went on to say that in order to balance the scales of justice, mathematical precision is not always required, adding,"...but at times, while one side of the scale carries the law, the other side of the scale may carry the entire life, happiness and future of toddlers, their parents and parents of their parents.".The Court was hearing a petition filed by one Arif Khan to quash the case registered against him by the parents of a woman he had eloped with in 2015. The couple got married according to Muslim rites and ceremonies as they belonged to same religion. After Khan was arrested, his wife was found to be five months pregnant. She chose not to undergo an abortion, asserting that the child was a product of her marital union and love for her husband.Khan languished in jail for almost three years before he was granted bail in April 2018. Subsequently, the couple reunited and welcomed another daughter into their family..Before the High Court, counsel for the woman argued that she had voluntarily entered into a consensual relationship with Khan and that she was 18 years of age at the time of the incident.However, the same was opposed by the Delhi Police, since as per school records, her age was less than 18 years..After going through the facts, the Court noted that the parties got married even though the law may not have permitted them to do so. However, the wife supported the husband at every stage, the couple has been married for almost years and they have two daughters."...in the present case, the future of families of the parties and the two daughters born out of this wedlock, one aged 08 years, who is school going, and the other 2 ½ years old, and the wife who is a house-maker and their beautiful harmonious life, they have built together in the last 09 years, is at stake," the order stated..The Court ultimately quashed the case, noting that failure to do so will result in failure of effective and real justice..Advocates Dhiraj Kumar Singh and Ranjan Kumar appeared for petitioner.Advocate Amol Sinha appeared for the State..[Read Order]
The Delhi High Court recently quashed a case registered against a man in 2015 for rape and kidnapping after he had eloped with an alleged minor..While quashing the case, Justice Swarana Kanta Sharma observed, "This Court has time and again reached a conclusion that true love between two individuals, one or both of who may be minor or minors on the verge of majority, cannot be controlled through rigours of law or State action.".The judge went on to say that in order to balance the scales of justice, mathematical precision is not always required, adding,"...but at times, while one side of the scale carries the law, the other side of the scale may carry the entire life, happiness and future of toddlers, their parents and parents of their parents.".The Court was hearing a petition filed by one Arif Khan to quash the case registered against him by the parents of a woman he had eloped with in 2015. The couple got married according to Muslim rites and ceremonies as they belonged to same religion. After Khan was arrested, his wife was found to be five months pregnant. She chose not to undergo an abortion, asserting that the child was a product of her marital union and love for her husband.Khan languished in jail for almost three years before he was granted bail in April 2018. Subsequently, the couple reunited and welcomed another daughter into their family..Before the High Court, counsel for the woman argued that she had voluntarily entered into a consensual relationship with Khan and that she was 18 years of age at the time of the incident.However, the same was opposed by the Delhi Police, since as per school records, her age was less than 18 years..After going through the facts, the Court noted that the parties got married even though the law may not have permitted them to do so. However, the wife supported the husband at every stage, the couple has been married for almost years and they have two daughters."...in the present case, the future of families of the parties and the two daughters born out of this wedlock, one aged 08 years, who is school going, and the other 2 ½ years old, and the wife who is a house-maker and their beautiful harmonious life, they have built together in the last 09 years, is at stake," the order stated..The Court ultimately quashed the case, noting that failure to do so will result in failure of effective and real justice..Advocates Dhiraj Kumar Singh and Ranjan Kumar appeared for petitioner.Advocate Amol Sinha appeared for the State..[Read Order]
