Delhi High Court: Real Love Between Adolescents Can’t Be Controlled by Police Action
The Delhi High Court has quashed a rape and kidnapping case against Arif Khan, a man who had eloped with a minor girl and married her under Muslim personal law, as both belonged to the same religion.
The First Information Report (FIR) was filed by the girl’s father in January 2015. When the girl was found, she was five months pregnant and refused to undergo an abortion. She told the court the child was a result of her marriage and deep love for her husband.
Arif Khan was arrested in June 2015 and spent nearly three years in jail before getting bail in April 2018. Since his release, the couple has lived together and had another daughter, forming a stable family life.
While cancelling the FIR, Justice Sharma of the Delhi High Court noted that the couple’s love story was “interrupted” by legal proceedings, which, though based on the law, did not consider the emotional and social context.
Girl Claimed Consensual Relationship
The girl testified that she entered into the relationship willingly and was 18 years old at the time. However, police disagreed, referring to school records that showed she was underage.
Despite the legal confusion over her age, the girl stood by Arif Khan’s side throughout the case and never supported the prosecution’s version. The court noted that the couple has now been married for nine years and has been raising two daughters happily.
Justice Over Punishment
Justice Sharma emphasized that courts must not only apply the law but also consider the real-life impact of their decisions. He stated that the goal of justice should include understanding changing societal values, especially when love and family are involved.
“The courts must balance the legal facts with human consequences. If the FIR isn’t cancelled in this case, it could harm the future of the couple’s children and deny them a chance at normal life,” the judge said.
The court acknowledged that although the couple technically violated the law due to age restrictions, true justice requires a broader, more humane view that considers long-term outcomes for the individuals and their families.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
