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Synopsis

The Delhi High Court has ruled that true love between two individuals, one or both of whom may be minors or minors on the verge of majority, cannot be controlled through the rigours of law or state action.

The bench of Justice Swarana Kanta Sharma said, “When the scales of justice have to be weighed, they are not always on the basis of mathematical precision or mathematical formulas, 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 added that 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 the rule of law.

Justice Sharma said that the dilemma at times faced by the court can be of trying to justify the state or police action against an adolescent couple who married each other and continued to lead a peaceful life and raise a family, and respect for obeying the law of the land.

“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 court said.

The single-judge bench was dealing with a quashing of kidnapping and rape case registered against a man, Arif Khan, who eloped with a minor girl and got married as per Muslim rites and ceremonies, since they both belonged to the same religion.

The girl’s father had lodged a missing FIR. When she was recovered, she was found five months pregnant and refused to abort the child, as it was born out of her marital union and love.

Khan was arrested in June 2015 and remained in jail till April 2018. Since then, the couple has been living happily and has given birth to another daughter, who is about 2 ½ years old.

During the hearing, upon interacting with the girl the court noted, “She reiterates that she had voluntarily entered into a consensual relationship with the petitioner herein. She also states that she was 18 years of age, at the time of incidence, though it is disputed by the State, since as per school records, she was less than 18 years of age.”

The court took note of the fact that the parties herein had made a choice for themselves, even though the law did not permit them to enter into a marital union. However, she supported the case of Khan at every stage and not the case of the state. It also noted that the couple has now been married for about nine years, has been blessed with two daughters, and is happily raising their children.

Justice Sharma said 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. Striking this balance requires a thorough examination of the facts, legal precedents, and the evolving ethos of the society it serves. The Courts must weigh competing interests, considering the impact of its decisions on the parties involved and the broader implications for justice, fairness, and social order,” it said.

Taking note of the facts and circumstances, the court stated that if the FIR is not quashed, it will affect the future of the daughters born from this union, which will result in a failure of effective and real justice.

“Accordingly, FIR bearing No. 19/2015, dated 10.01.2015, registered at Police Station Fatehpur Beri, for offences punishable under Sections 363/366/376 of the IPC and all consequential proceedings emanating therefrom are quashed,” the court ordered.

Case Title: Arif Khan v. The State & Anr.