Supreme Law News

Delhi High Court dismisses rape charges in lieu for "true love."

The judge continued by saying that mathematical accuracy is not always necessary to maintain the balance of justice.

A 2015 rape and kidnapping case against a man was recently dismissed by the Delhi High Court because the guy had eloped with a purported juvenile.

As Justice Swarana Kanta Sharma dismissed the case, she noted,

"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 continued by stating that mathematical accuracy is not always necessary to balance the balances of justice, 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."

Arif Khan filed a petition to have the case brought against him by the parents of the woman he had eloped with in 2015 dismissed, and the court was considering it. Because they were of the same faith, the couple was married in accordance with Muslim customs and traditions.

It was discovered that Khan's wife was five months pregnant after his incarceration. She refused to get an abortion, claiming that the child was the result of her marriage and her love for her spouse.

Khan spent nearly three years behind bars before being released on bond in April 2018. The couple later got back together and added a second daughter to their household.

The woman's attorney contended before the High Court that she was eighteen years old at the time of the occurrence and that she had freely chosen to get into a consensual relationship with Khan.

The Delhi Police, however, objected to it since, according to her school records, she was under eighteen.

The Court concluded its consideration of the case by noting that the parties were married even though the law might not have allowed it. Nevertheless, the woman stood with her husband through thick and thin; they have two daughters together and have been married for nearly a decade.

"...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 judge stated.

In the end, the Court dismissed the case, stating that if this isn't done, real and effective justice won't be served.

Your free access to Supreme Law News has expired

Supreme Law News Premium

Why should you subscribe?

* Enjoy our website without interruptions from advertisements

* Receive daily newsletters

* Receive real-time Telegram/Whatsapp news updates

* Download original judgments / orders / notifications / circulars, etc

* Enjoy exclusive entry fees to the Simplified series. (Webinars, seminars, masterclasses, etc.)

( special offer)

Subscribe Now

For further details contact:

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.