Delhi HC issues statement on adolescent love
Delhi High Court (HC) noted that “true love” between adolescents cannot be curtailed by the severity of the law or by state intervention, dismissing a case of kidnapping and rape against a man who had eloped with a girl nine years prior when she was a minor. The high court stated that occasionally, courts may find themselves in the difficult position of attempting to defend government or law enforcement action taken against a young couple who got married, went on to have a peaceful marriage, raised a family, and complied with the law.
Delhi HC quashes FIR dated back to 2015 talking about Adolescent Love
“This court has time and again reached a conclusion that true love between two individuals, one or both of whom may be minor or minors on the verge of majority, cannot be controlled through rigors of law or state action.”
“The cases, as the present one, are those where the dilemma of the judge, which may be rare, has to take into account the delicate balance which the constitutional court or courts of law have to strike between the law and its strict application and the repercussion of its judgments and orders by application of such laws on the society as a whole and the individuals who are before it,” Justice Swarana Kanta Sharma said.
The girl claimed to be a major, but the police insisted that she was a minor at the time of the incident, so the high court dismissed the formal complaint filed against the man in 2015 for kidnapping and raping her.
A consensual marriage
It stated that if the FIR is not quashed, it will negatively impact the two daughters of the couple’s future and lead to the failure of true and effective justice. Following their elopement, the pair were blessed by the man’s parents and married according to Muslim customs. An FIR was lodged against the man by the girl’s father and when the police caught hold of them, she was found to be five months pregnant.
She insisted before the high court that she was 18 years old at the time of the incident, that she was in a consensual relationship with the man because she loved him and had married him.
The girl consistently backed the man’s case rather than the state’s, the high court observed, noting that the couple married despite the law’s prohibition on them doing so. It mentioned that the couple had been married for roughly nine years, were grateful to have two daughters, and were raising their kids well.
Life of a family at stake, says court
It stated that the outcome of this petition would determine the future of the parties’ families, which includes the two daughters and the housewife, as well as the lovely, harmonious life they have created together over the past nine years.
“This court notes that the judicial system is tasked not only with interpreting and upholding the law but also with understanding the dynamics of society. The court’s role extends beyond a mere application and interpretation of statutes. It involves an understanding of the implications of its decisions on individuals and the community at large,” Justice Sharma said.
The court stated that when weighing the scales of justice, the entire life, happiness, and future of toddlers as well as their parents and family members may be on the other side of the scale, while the law is on the other. This indicates that the scales of justice are not always based on mathematical precision or formulas.
“The scale that reflects and portrays such pure happiness sans any criminality will definitely equal the scale carrying law as the application of law is meant for maintaining rule of law,” it said.
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