New Delhi: The Delhi High Court commented that true love between individuals cannot be controlled through police even if one or both are on the verge of becoming adults.
The bench of Justice Swarnakanta Sharma made this comment while quashing a kidnapping and rape case registered against one Arif who had eloped with a minor girl of the same community and got married as per Muslim customs nine years ago. When the girl recovered, she was five months pregnant. But, she refused to abort the child saying it was born of her marital relationship and husband's love.
The girl's parents filed an FIR against Arif in January 2015 and the latter was arrested in June 2015. Arif finally got bail in April 2018 and since then have been living together with the girl, who later had given birth to the child.
During the hearing, when the court interrogated the girl, she told that she had voluntarily entered into a relationship with Arif and had consented to their marital union. Further she claimed that she was 18 years old at the time of the incident. The Delhi police disputed the fact saying her school records show she was a minor.
Following which, the court stated that the couple's love story was interrupted by the investigating agency. It said that the scales of justice is not based on mathematical formulae. Sometimes, when one side of the scale carries the law, the other side carries happiness of the children and their parents, the court observed.
The court further stated that if the FIR is not quashed then it will have a negative impact on the couple's child.
Read more
